CELEX: 51990FC0539
Language: en
Date: 2007-02-16
Title: Proposal for a Council directive …/…/EC of […] on animal health conditions governing intra-Community trade in, and imports from third countries, of poultry and hatching eggs (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(200.)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

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

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    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.

2.    On 1 April 1987 the Commission therefore decided[1] 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.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       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.

4.    The purpose of this proposal is to undertake a codification of Council Directive 90/539/EEC of 15 October 1990 on animal health  conditions
       governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs[3]. The new  Directive  will  supersede
       the various acts incorporated in it[4]; 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.

       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.

                                            ê 90/539/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE…/…/EC

                                                                      of […]

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

                                                            (Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Whereas:

                                            ê 

   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 eggs[6] has been substantially amended several times[7]. In the interests of clarity and rationality the
      said Directive should be codified.

                                            ê 90/539/EEC Recital 1

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

                                            ê 90/539/EEC Recital 2

   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 hatching eggs should be laid down at Community level.

                                            ê 90/539/EEC Recital 3

   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.

                                            ê 90/539/EEC Recital 4 (adapted)

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

                                            ê 90/539/EEC Recital 5

   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.

                                            ê 90/539/EEC Recital 6

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

                                            ê 90/539/EEC

   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
      hatching eggs is to monitor production establishments.

   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.

                                            ê 90/539/EEC (adapted)

  10) Council Regulation [(EEC) No 2782/75 of 29 October 1975] on the production and marketing of eggs  for  hatching  and  of  farmyard  poultry
      chicks[8] provides for the granting of a distinguishing registration number to  each  production  establishment  and  for  the  marking  of
      hatching eggs Ö and Õ Commission Regulation [(EEC) No 1868/77[9]] lays down detailed rules for the application of the said Regulation.  For
      practical reasons, the same criteria for identifying production establishments and marking hatching eggs should be adopted for the purposes
      of this Directive.

                                            ê 90/539/EEC

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

                                            ê 90/539/EEC Recital 13

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

                                            ê 90/539/EEC Recital 14

  13) 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.

                                            ê 90/539/EEC Recital 15

  14) 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.

                                            ê 90/539/EEC Recital 16

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

                                            ê 90/539/EEC Recital 17

  16) 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 to the general rules laid  down  in  Council  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 market[10].

                                            ê 90/539/EEC Recital 18

  17) Provision should be made for checks to be carried out by the Commission in cooperation with the competent authorities of Member States.

                                            ê 90/539/EEC Recital 19

  18) 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 hatching eggs may be imported.

                                            ê 90/539/EEC Recital 20

  19) The choice of these 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.

                                            ê 90/539/EEC Recital 21

  20) In addition, importation of poultry and hatching eggs 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.

                                            ê 90/539/EEC Recital 22 (adapted)

  21) 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.

                                            ê 90/539/EEC Recital 23

  22) The presentation of a standard form of certificate upon importation of  poultry  and  hatching  eggs  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.

                                            ê 90/539/EEC Recital 24

  23) Commission veterinary experts should be responsible for verifying that the rules are observed in third countries.

                                            ê 90/539/EEC Recital 25

  24) The checks carried out upon importation should cover the origin and the state of health of the poultry and hatching eggs.

                                            ê 90/539/EEC Recital 26 (adapted)

  25) Member States should be allowed, on the arrival of poultry and hatching eggs 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.

                                            ê 90/539/EEC Recital 29

  26) The constant development of poultry-rearing techniques means that periodic changes in the methods of poultry disease control will  have  to
      be made.

                                            ê 

  27) 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 Commission[11].

  28) 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 C,

                                            ê 90/539/EEC

HAS ADOPTED THIS DIRECTIVE:

                                                                    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
hatching eggs.

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

                                            ê 90/539/EEC (adapted)
                                            è1 92/65/EEC Art. 7(B)

                                                                    Article 2

For the purposes of this Directive ‘official veterinarian’ and ‘third country’ means the official veterinarian and third country  Ö as  defined Õ
in Council Directive 2004/68/EC[12].

Ö The following definitions shall also apply: Õ

(1)   ‘poultry’ means fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges è1 and ratites (Ratitae) ç reared or  kept
       in captivity for breeding, the production of meat or eggs for consumption, or for re-stocking supplies of game;

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

                                            ê 93/120/EC Art. 1 pt. 1

(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;

                                            ê 90/539/EEC

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

(5)   ‘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;

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

                                            ê 93/120/EC Art. 1 pt. 2 (adapted)

(7)   ‘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 Ö As regards Õ housed poultry, this Ö definition Õ will include all birds sharing the same airspace;

                                            ê 90/539/EEC

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

(9)   ‘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 hatching eggs for the production of breeding poultry;

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

                                            ê 93/120/EC Art. 1 pt. 3

       (c)  rearing establishment:

           (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;

                                            ê 90/539/EEC

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

(10)  ‘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;

(11)  ‘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;

(12)  ‘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)  ‘outbreak site’ means a site as defined in Council Directive 82/894/EEC[13];

(15)  ‘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;

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

                                            ê 90/539/EEC

                                                                    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
hatching eggs.

                                            ê 90/539/EEC (adapted)

2. The Commission shall examine the plans. In accordance with the procedure Ö referred to Õ in Article 34(2),  the  plans  may  be  approved,  or
amendments or additions made, before approval is given.

                                            ê 90/539/EEC

3. In accordance with the procedure referred to in paragraph 2, amendments or additions to a plan which has been approved in accordance with  the
said paragraph may be:

(a)   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

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

                                                                    Article 4

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. These reference laboratories are listed in Annex I.

                                            ê 93/120/EC Art. 1 pt. 5

                                                                    Article 5

In order to be traded in the Community:

(a)   hatching eggs, day-old chicks, breeding poultry and productive poultry shall satisfy the conditions laid down in Articles  6,  16,  19  and
       21. They shall also satisfy any conditions laid down pursuant to Articles 17 and 18.

      In addition:

       (i)  hatching eggs shall satisfy the conditions laid down in Article 7;

       (ii) day-old chicks shall satisfy the conditions laid down in Article 8;

       (iii)      breeding poultry and productive poultry shall satisfy the conditions laid down in Article 9;

(b)   slaughter poultry shall fulfil the conditions set out in Articles 12, 16, 19 and 21 and those laid down pursuant to Articles 17 and 18;

(c)   poultry (including day-old chicks) intended for restocking supplies of game shall fulfil the conditions set out in Articles 13, 16, 19  and
       21 and those laid down pursuant to Articles 17 and 18;

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 135

(d)   as regards salmonella, poultry intended for Finland and Sweden shall fulfil the conditions laid down pursuant to Articles 10, 11 and 14.

                                            ê 90/539/EEC

                                                                    Article 6

Hatching eggs, 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;

                                            ê 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;

                                            ê 93/120/EC Art. 1 pt. 7

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

                                            ê 93/120/EC Art. 1 pt. 8

                                                                    Article 7

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

(a)   come from flocks which:

                                            ê 93/120/EC Art. 1 pt. 8 (adapted)

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

                                            ê 93/120/EC Art. 1 pt. 8

       (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

              – 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)   be marked in accordance with Regulation (EEC) No 1868/77;

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

                                            ê 93/120/EC Art. 1 pt. 8 (adapted)

2. If contagious poultry diseases which may be transmitted through eggs develop in the flock which supplied the hatching eggs 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.

                                            ê 90/539/EEC

                                                                    Article 8

Day-old chicks shall:

(a)   have been hatched from hatching eggs satisfying the requirements of Articles 6 and 7;

                                            ê 93/120/EC Art. 1 pt. 9

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

                                            ê 90/539/EEC

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

                                                                    Article 9

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

                                            ê 90/539/EEC (adapted)

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

                                            ê 93/120/EC Art. 1 pt. 10 (adapted)

(b)   satisfy the vaccination conditions in Annex Ö III Õ, if they have been vaccinated;

                                            ê 93/120/EC Art. 1 pt. 11

(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.

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 135

                                                                    Article 10

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.

                                            ê 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 Ö referred to Õ in Article 34(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. .

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 135

                                                                    Article 11

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).

                                            ê 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 Ö referred to Õ in Article 34(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.

                                            ê 90/539/EEC

                                                                    Article 12

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

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

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

                                            ê 93/120/EC Art. 1 pt. 12

(c)   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;

                                            ê 93/120/EC Art. 1 pt. 13

(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.

                                            ê 93/120/EC Art. 1 pt. 14

                                                                    Article 13

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

(a)   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;

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

(c)   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;

(d)   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 10 shall not apply to the poultry referred to in paragraph 1.

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

                                                                    Article 14

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  laid
down by the Council acting on a proposal from the Commission .

                                            ê 1994 Act of Accession, Art. 29 and Annex I, p. 135

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 shall submit to the Commission.

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

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 under the procedure Ö referred to Õ in Article 34(2).

                                            ê 90/539/EEC (adapted)

                                                                    Article 15

1. The requirements of Articles 5 to 12 and 19 shall not apply to intra-Community trade in poultry and hatching eggs in respect  of  consignments
comprising fewer than 20 units Ö provided that they comply with paragraph 2 of this Article Õ.

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

                                            ê 90/539/EEC

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

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

                                            ê 93/120/EC Art. 1 pt. 15

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

                                            ê 90/539/EEC

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

                                            ê 93/120/EC Art. 1 pt. 16

(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.

                                            ê 93/120/EC Art. 1 pt. 17

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 hatching eggs 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.

                                            ê 1999/90/EC Art. 1 pt. 1

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

                                            ê 90/539/EEC

                                                                    Article 16

                                            ê 1999/90/EC Art. 1 pt. 2 (adapted)

1. In the case of consignments of poultry and hatching eggs from Member States or regions of Member States which vaccinate the  poultry  referred
to in Article 1 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:

                                            ê 1999/90/EC Art. 1 pt. 2

(a)   hatching eggs 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
           hatching eggs;

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

       (i)  hatching eggs satisfying the conditions in (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 (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

                                            ê 1999/90/EC Art. 1 pt. 2 (adapted)

       (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 pursuant to the procedure Ö referred to Õ in Article 34(2);

                                            ê 1999/90/EC Art. 1 pt. 2

(d)   slaughter poultry shall come from flocks which:

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

                                            ê 1999/90/EC Art. 1 pt. 2 (adapted)

       (ii) 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 Ö referred to Õ in Article 34(2).

                                            ê 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  Ö may Õ  present  a
programme as Ö referred to Õ in Article 17(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 17(1), in accordance with the procedure Ö referred to Õ in Article 34(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  Ö referred  to Õ  in
Article 34(2).

                                            ê 93/120/EC Art. 1 pt. 18

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 18(1) and, in particular, the following criteria:

                                            ê 93/120/EC Art. 1 pt. 18 (adapted)

(a)   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/EEC[14]];

(b)   breeding flocks shall have been serologically monitored at least once a year for  the  presence  of  Newcastle  disease  according  to  the
       detailed rules adopted under the procedure Ö referred to Õ in Article 34(2);

                                            ê 93/120/EC Art. 1 pt. 18

(c)   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].

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

As regards Finland and Sweden, the appropriate decisions concerning the status of ‘non-vaccination  zone  against  Newcastle  disease’  shall  be
adopted under the procedure Ö referred to Õ in Article 34(2).

                                            ê 93/120/EC Art. 1 pt. 18 (adapted)

3. The Commission may suspend Newcastle disease non-vaccinating status in accordance with the procedure Ö referred to Õ in Article 34(2)  in  the
event of:

                                            ê 93/120/EC Art. 1 pt. 18

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

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

                                            ê 90/539/EEC

                                                                    Article 17

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)   the distribution of the disease in its territory;

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

(c)   the geographical area in which the programme will be implemented;

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

(e)   the programme monitoring procedures;

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

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

                                            ê 90/539/EEC (adapted)

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 Ö referred to Õ in Article 34(2). Any additional guarantees,  general  or  specific,
which may be required in intra-Community trade may be defined in 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  Ö referred  to Õ  in  Article  34(2).
Amendments or additions to programmes which have already been approved or to guarantees which have been defined in accordance  with  paragraph  2
Ö of this Article Õ may be approved under the same procedure.

                                            ê 90/539/EEC

                                                                    Article 18

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

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

(c)   the period over which the surveillance was carried out;

(d)   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.

                                            ê 90/539/EEC (adapted)

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 Ö referred to Õ in  Article 34(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
Ö pursuant to Õ paragraph 2 may, in the light of such notification, be amended or withdrawn in accordance with the procedure Ö referred  to Õ  in
Article 34(2).

                                            ê 90/539/EEC

                                                                    Article 19

                                            ê 93/120/EC Art. 1 pt. 19

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

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

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

                                            ê 93/120/EC Art. 1 pt. 19 (adapted)

2. In any event Ö the Õ containers Ö referred to in paragraph 1 shall Õ:

                                            ê 93/120/EC Art. 1 pt. 19

(a)   contain only day-old chicks or hatching eggs 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.

                                            ê 90/539/EEC

3. Boxes holding day-old chicks or hatching eggs 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)   which contain only poultry of the same species, categories and type, coming from the same establishment;

(b)   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, 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.

                                            ê 93/120/EC Art. 1 pt. 21

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.

                                            ê 90/539/EEC

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

(a)   preclude the loss of excrement and minimise the loss of feathers during transit;

(b)   allow visual inspection of the poultry;

(c)   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.

                                            ê 90/539/EEC

                                                                    Article 20

Poultry as referred to in Article 19(5) may not be transported through areas infected with avian influenza or Newcastle disease, unless by  trunk
road or rail.

                                                                    Article 21

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

                                            ê 90/539/EEC (adapted)

(a)   conforms with the appropriate model Ö laid down in Annex IV, completed in accordance with Commission Regulation (EC) No 599/2004[15] Õ;

                                            ê 90/539/EEC

(b)   is signed by an official veterinarian;

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

(d)   is valid for five days;

(e)   consists of a single sheet;

(f)   is normally made out for a single consignee;

                                            ê 93/120/EC Art. 1 pt. 22

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

                                            ê 90/539/EEC

                                                                    Article 22

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  hatching  eggs  without
the certificate provided for in Article 21.

                                                                   CHAPTER III

                                                      Rules for imports from third countries

                                                                    Article 23

Poultry and hatching eggs imported into the Community shall satisfy the conditions laid down in Articles 24 to 27.

                                                                    Article 24

                                            ê 90/539/EEC (adapted)

1. Poultry and hatching eggs 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 Ö referred to Õ in Article 34(2). That list may be supplemented or amended  in  accordance  with  the  procedure
Ö referred to Õ in Article 34(3).

                                            ê 90/539/EEC

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)   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;

(b)   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 Lists A and B of the International Office of Epizootics;

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

(d)   the structure of the veterinary services in the country and their powers;

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

(f)   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.

                                            ê 93/120/EC Art. 1 pt. 24

                                                                    Article 25

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

(a)   in which avian influenza and Newcastle disease, as defined in Council Directives 2005/94/EC[16] and [92/66/EEC] respectively,  are  legally
       notifiable diseases;

(b)   free from avian influenza and Newcastle disease,

      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.

                                            ê 93/120/EC Art. 1 pt. 24 (adapted)

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 Ö referred to Õ in Article 34(2).

3. The Commission may, in accordance with the procedure Ö referred to Õ in Article 34(2), decide under which conditions  paragraph  1  Ö of  this
Article Õ is to apply only to a part of the territory of third countries.

                                            ê 90/539/EEC

                                                                    Article 26

1. Poultry and hatching eggs 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 24(1) only if they come from flocks which:

                                            ê 90/539/EEC (adapted)

(a)   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 Ö referred to Õ in Article 34(2);

(b)   satisfy the animal health conditions adopted in accordance with the procedure Ö referred to Õ in Article 34(2) for imports of  poultry  and
       hatching eggs 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 Ö referred to Õ in Article 34(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.

                                            ê 90/539/EEC

                                                                    Article 27

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

The certificate shall:

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

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

(c)   accompany the consignment in the original;

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

(e)   be valid for five days;

(f)   consist of a single sheet;

(g)   be made out for a single consignee;

                                            ê 93/120/EC Art. 1 pt. 25

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

                                            ê 90/539/EEC (adapted)

2. The certificate referred to in paragraph 1 shall comply with a model drawn up in accordance with the  procedure  Ö referred  to Õ  in  Article
34(2).

                                            ê 90/539/EEC

                                                                    Article 28

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 these 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.

                                            ê 90/539/EEC (adapted)

The frequency of the inspections and the inspection procedure shall be determined in accordance with the procedure  Ö referred  to Õ  in  Article
34(2).

                                                                    Article 29

1. The Commission may, in accordance with the procedure Ö referred to Õ in Article 34(3), decide that imports from a third country or part  of  a
third country are to be confined to particular species, to hatching eggs, to Ö breeding or productive Õ poultry ,  to  slaughter  poultry  or  to
poultry intended for special purposes.

                                            ê 1999/90/EC Art. 1 pt. 4 (adapted)

2. The Commission may, in accordance with the procedure Ö referred to Õ in Article 34(2), determine that the imported poultry, hatching  eggs  or
poultry hatched from imported eggs is to be kept quarantined or isolated for a period which may not exceed two months.

                                            ê 1999/90/EC Art. 1 pt. 5 (adapted)

                                                                    Article 30

Notwithstanding Articles 23, 25, 26 and 27, the Commission may, in accordance with the procedure Ö referred to Õ  in  Article  34(2),  decide  to
permit on a case-by-case basis the importation of poultry and hatching eggs from third countries  where  such  imports  do  not  conform  to  the
provisions of Articles 23, 25, 26 and 27. Detailed rules for such importation shall be drawn up Ö at the same time in accordance Õ 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.

                                            ê 90/539/EEC

                                                                    Article 31

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

                                            ê 90/539/EEC (adapted)

Without prejudice to any special conditions which may be adopted in  accordance  with  the  procedure  Ö referred  to Õ  in  Article  34(3),  the
competent authority of the Member State of destination may, on animal-health grounds, designate the slaughterhouse to which the poultry shall  be
conveyed.

                                            ê 90/539/EEC

                                                                    CHAPTER IV

                                                                Common provisions

                                                                    Article 32

For the purposes of intra-Community trade, the safeguard measures provided for in Council Directive 89/662/EEC[17] shall  apply  to  poultry  and
hatching eggs.

                                                                    Article 33

                                            ê 90/539/EEC (adapted)

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

                                            ê 806/2003 Art. 3 and Annex III pt. 13

                                                                    Article 34

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 Council[18], hereinafter referred to as ‘the Committee’.

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.

4. The Committee shall adopt its Rules of Procedure.

                                            ê 90/539/EEC (adapted)

                                                                    Article 35

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 by the Commission in accordance with the procedure Ö referred to Õ in Article 34(2).

                                            ê 

                                                                    Article 36

Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in  the  field  governed  by  this
Directive.

                                                                    Article 37

Directive 90/539/EEC, as amended by the acts listed in Annex VI, 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 C.

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.

                                            ê 90/539/EEC

                                                                    Article 39

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 90/539/EEC

                                                                     ANNEX I

                                            ê 2006/911/EC Annex, pt 4

1.    The national reference laboratories for avian diseases are as follows:

|BE                      |CODA – CERVA – VAR                                                                                  |
|                        |Veterinary and Agrochemical Research Centre                                                         |
|                        |Groeselenberg 99                                                                                    |
|                        |B-1180 Brussels                                                                                     |

                                            ê 2006/104/EC Annex, pt I.3.

|BG                      |Национален диагностичен научноизследователски ветеринарномедицински институт "Проф. д-р Георги      |
|                        |Павлов", Национална референтна лаборатория "Нюкясълска болест и Инфлуенца А по птиците", бул. "Пенчо|
|                        |Славейков" 15, София 1606                                                                           |
|                        |(National Diagnostic Veterinary Research Institute "Prof. Dr. Georgi Pavlov", National Reference    |
|                        |Laboratory for Newcastle Disease and Avian Influenza A, 15, Pencho Slaveykov Blvd., 1606 Sofia)     |

                                            ê 2006/911/EC Annex, pt 4

|CZ                      |State Veterinary Institute Praha                                                                    |
|                        |Sídlištní 136/24                                                                                    |
|                        |165 03 Praha 6                                                                                      |
|DK                      |Danish Institute for Food and Veterinary Research,                                                  |
|                        |Dpt. of Poultry, Fish and Fur Animals                                                               |
|                        |Hangoevej 2,                                                                                        |
|                        |DK-8200 Aarhus N                                                                                    |
|DE                      |Friedrich-Loeffler-Institut                                                                         |
|                        |Bundesforschungsinstitut für Tiergesundheit                                                         |
|                        |Boddenblick 5a                                                                                      |
|                        |17493 Greifswald-Insel Riems                                                                        |
|                        |Tel.: +49.383 51-7-0                                                                                |
|                        |Fax: +49.383 51-7-151                                                                               |
|EE                      |Veterinaar- ja Toidulaboratoorium                                                                   |
|                        |Väike-Paala 3, 11415 Tallinn, Estonia                                                               |
|                        |Tel.: +372 603 58 10                                                                                |
|                        |Faks: +372 603 58 11                                                                                |
|                        |E-post: tallinn@vetlab.ee                                                                           |
|IE                      |Virology Division                                                                                   |
|                        |Central Veterinary Research Laboratory                                                              |
|                        |Depatment of Agriculture and Food Laboratories                                                      |
|                        |Backweston Campus                                                                                   |
|                        |Stacumny Lane                                                                                       |
|                        |Celbridge                                                                                           |
|                        |Co. Kildare                                                                                         |
|EL                      |Centre of Thessaloniki Veterinary Institutions                                                      |
|                        |80, 26th October Street,                                                                            |
|                        |GR-546 27 Thessaloniki                                                                              |
|                        |Tel.: 2310785104                                                                                    |
|ES                      |Laboratorio Central de Sanidad Animal de Algete                                                     |
|                        |Carretera de Algete, km 8                                                                           |
|                        |Algete 28110 (Madrid)                                                                               |
|                        |Tel.: +34 916 290 300                                                                               |
|                        |Fax: +34 916 290 598                                                                                |
|                        |E-mail: lcv@mapya.es                                                                                |
|FR                      |Laboratoire d’études et de recherches avicoles, porcines et piscisoles                              |
|                        |AFSSA site de Ploufragan/Brest — LERAPP                                                             |
|                        |BP 53                                                                                               |
|                        |22440 Ploufragan                                                                                    |
|IT                      |Centro di Referenza Nazionale per lo studio e la diagnosi delle malattie vescicolari c/o Istituto   |
|                        |zooprofilattico sperimentale della Lombardia e dell'Emilia Romagna,                                 |
|                        |Via Bianchi, 9                                                                                      |
|                        |25124 Brescia                                                                                       |
|CY                      |State Veterinary Laboratory                                                                         |
|                        |Veterinary Services                                                                                 |
|                        |1417 Athalassa                                                                                      |
|                        |Nicosia                                                                                             |
|LV                      |Nacionālais diagnostikas centrs                                                                     |
|                        |(National Diagnostic Centre)                                                                        |
|                        |Lejupes iela 3, Rīga, LV-1076                                                                       |
|                        |Tel.: +371 7620526                                                                                  |
|                        |Fax: +371 7620434                                                                                   |
|                        |E-mail: ndc@ndc.gov.lv                                                                              |
|LT                      |National Veterinary Laboratory                                                                      |
|                        |(Nacionalinė veterinarijos laboratorija)                                                            |
|                        |J. Kairiūkščio 10                                                                                   |
|                        |LT-08409 Vilnius                                                                                    |
|LU                      |CODA — CERVA — VAR                                                                                  |
|                        |Veterinary and Agrochemical Research Centre                                                         |
|                        |Groeselenberg 99                                                                                    |
|                        |B-1180 Brussels                                                                                     |
|HU                      |Országos Állategészségügyi Intézet                                                                  |
|                        |(Central Veterinary Institute)                                                                      |
|                        |H-1581 Budapest                                                                                     |
|                        |146., Pf. 2.                                                                                        |
|                        |Tel.: +36-1-460-6300, +36-1-460-6317                                                                |
|                        |Fax: +36-1-222-6070                                                                                 |
|MT                      |National Veterinary Laboratory, Marsa                                                               |
|NL                      |Centraal Instituut voor DierziekteControle                                                          |
|                        |CIDC-Lelystad                                                                                       |
|                        |Hoofdvestiging: Houtribweg 39                                                                       |
|                        |Nevenvestiging: Edelhertweg 15                                                                      |
|                        |Postbus 2004                                                                                        |
|                        |8203 AA Lelystad                                                                                    |
|AT                      |AGES: Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH — Institut für           |
|                        |veterinärmedizinische Untersuchungen Mödling (Austrian Agency for Health and Consumer Protection -  |
|                        |Institute for veterinary investigations Mödling)                                                    |
|                        |Robert Koch-Gasse 17                                                                                |
|                        |A-2340 Mödling                                                                                      |
|                        |Tel.: +43 (0) 505 55-38112                                                                          |
|                        |Fax: + 43(0) 505 55-38108                                                                           |
|                        |E-mail: vetmed.moedling@ages.at                                                                     |
|PL                      |Laboratory Department of Poultry Diseases                                                           |
|                        |Państwowy Instytut Weterynaryjny – Państwowy Instytut Badawczy                                      |
|                        |Al. Partyzantów 57, 24-100 Puławy                                                                   |
|                        |Tel.: +48.81.886 30 51                                                                              |
|                        |Fax: +48..81.886 25 95                                                                              |
|                        |E-mail: sekretariat@piwet.pulawy.pl                                                                 |
|PT                      |Laboratório Nacional de Investigação Veterinária (LNIV)                                             |
|                        |Estrada de Benfica, 701                                                                             |
|                        |P-1549-011 Lisboa                                                                                   |

                                            ê 2006/104/EC Annex, pt I.3.

|RO                      |Institutul de Diagnostic şi Sănătate Animală, Strada Dr. Staicovici nr. 63, sector 5, codul 050557, |
|                        |Bucureşti                                                                                           |

                                            ê 2006/911/EC Annex, pt 4

|SI                      |Univerza v Ljubljani                                                                                |
|                        |Veterinarska fakulteta                                                                              |
|                        |Nacionalni veterinarski inštitut                                                                    |
|                        |Gerbičeva 60,                                                                                       |
|                        |SI-1000 Ljubljana                                                                                   |
|SK                      |Štátny veterinárny a potravinový ústav,                                                             |
|                        |Botanická 15, 842 52 Bratislava                                                                     |
|FI                      |Finnish Food Safety Authority                                                                       |
|                        |Animal Diseases and Food Safety Research                                                            |
|                        |Mustialankatu 3                                                                                     |
|                        |FI-00790 Helsinki, Finland                                                                          |
|                        |E-mail: info@evira.fi                                                                               |
|                        |Tel: +358 20 772 003 (exchange)                                                                     |
|                        |Fax: +358 20 772 4350                                                                               |
|SE                      |Statens Veterinärmedicinska Anstalt                                                                 |
|                        |Department of Virology                                                                              |
|                        |SE-751 89 Uppsala                                                                                   |
|                        |Tel (46-18) 674000                                                                                  |
|                        |Fax (46-18) 674467                                                                                  |
|                        |                                                                                                    |
|                        |Department of Bacteriology                                                                          |
|                        |SE-751 89 Uppsala                                                                                   |
|                        |Tel (46-18) 674000                                                                                  |
|                        |Fax (46-18) 309162                                                                                  |
|UK                      |Veterinary Laboratories Agency                                                                      |
|                        |New Haw, Addlestone, Weybridge                                                                      |
|                        |Surrey KT15 3NB, UK                                                                                 |
|                        |Tel. (44-1932) 341111                                                                               |
|                        |Fax (44-1932) 347046                                                                                |

                                            ê 90/539/EEC

2.    The national reference laboratories for avian diseases listed in point 1  are  responsible  in  each  Member  State  for  coordinating  the
       diagnostic methods provided for in this Directive. To this end:

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

       (b)  they monitor the quality of all the reagents used by the approved laboratories;

       (c)  they organise periodic comparative tests.

                                                                     ________

                                            ê 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 shall:

       (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 will 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;

                                            ê 90/539/EEC (adapted)

       (e)  contain only poultry .

                                            ê 90/539/EEC

2.    The competent authority will give each establishment which complies with the conditions laid down in  point  1  a  distinguishing  approval
       number, which may be the same as that given pursuant to [Regulation (EEC) No 2782/75].

                                                                    CHAPTER II

                                                             Facilities and operation

A.    Pedigree breeding, breeding and rearing establishments

       1.   Facilities

           (a)   The setting and layout of the facilities  shall  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 shall be a clear separation between them.

           (b)   The facilities shall provide good conditions of hygiene and allow health monitoring to be carried out.

           (c)   The equipment shall 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 shall be based as far as  possible  on  the  ‘protected  rearing’  principle  and  on  the  ‘all-in/all-out’
                principle. Cleansing, disinfection and depopulation shall be carried out between batches.

           (b)   Pedigree-breeding, breeding and rearing establishments shall 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 shall be drawn up by the management of the establishment; personnel shall wear appropriate working  clothing  and
                visitors protective clothing.

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

           (e)   Eggs shall be collected several times a day, and shall be clean and be disinfected as soon as possible.

           (f)   The farmer shall 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  shall  send  the  samples
                needed for making or confirming the diagnosis to an approved laboratory.

           (g)   A flock history, register or data medium shall be kept for each flock for at least two years after the disposal  of  the  flock
                and shall 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 shall be communicated immediately to the  authorised
                veterinarian.

B.    Hatcheries

       1.   Facilities

           (a)   A hatchery shall be physically and operationally separate from rearing facilities. The layout shall 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 shall be protected against birds coming from outside  and  rodents;  floors  and  walls  shall  be  of  hard-wearing,
                impervious and washable materials; natural or artificial lighting and air flow and temperature systems shall be of an appropriate
                type; provision shall be made for the hygienic evacuation of waste (eggs and chicks).

           (c)   Equipment shall have smooth and waterproof surfaces.

       2.   Operation

           (a)   Operation shall be based on a one-way circuit for eggs, mobile equipment and personnel.

           (b)   Hatching eggs shall 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 shall be drawn up by the management of the establishment; personnel shall wear appropriate working  clothing  and
                visitors protective clothing.

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

           (e)   The following shall 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 shall be used to assess the health status of the hatchery.

           (g)   The farmer shall 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 shall send  the
                samples needed for making or confirming the diagnosis to an approved laboratory and inform the  competent  veterinary  authority,
                which will decide on appropriate measures to be taken.

           (h)   A flock history, register or data medium for the hatchery shall be kept for at least two years showing, if possible by flock:

                  – the origin of the eggs and their arrival date,

                  – hatching yields,

                  – any abnormalities,

                  – 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 shall be communicated immediately to the  authorised
                veterinarian.

                                                                   CHAPTER III

                                                          Disease surveillance programme

Without prejudice to health measures and to Articles 17 and 18, disease surveillance programmes shall, 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 shall be used to determine whether an infection is present.

           (b)   Samples for testing shall 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 shall be allowed for in determining the number  of
                samples to be taken.

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

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 shall 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 shall 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 shall 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  shall  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 shall 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 influenza or Newcastle disease are suspected at the establishment,

              – 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, (1)(a), (b) and (c).

2.    Approval shall be withdrawn:

       (a)  if avian influenza or Newcastle disease occurs at the establishment;

       (b)  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;

       (c)  if, after a second notice served by the official veterinarian, action to bring the establishment into line with the  requirements  of
           Chapter I, (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.

                                                                     _______

                                            ê 92/369/EEC Art. 1

                                                                    ANNEX III

                                                          POULTRY VACCINATION CONDITIONS

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

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

                                                                     ________

                                            ê 2001/867/EC Art. 1 (adapted)

                                                                     ANNEX IV

                                                  HEALTH CERTIFICATES FOR INTRA-COMMUNITY TRADE

                                                                 (Models 1 to 6)

Ö [pic] Õ

|Ö EUROPEAN COMMUNITY Õ                                                 |Ö Hatching Eggs Õ                                                   |
|Ö Part II:         |Ö II. Health information Õ                         |Ö II.a. Certificate reference   |Ö II.b. Local reference number Õ   |
|Certification Õ    |                                                   |number Õ                        |                                   |
|                   |Ö I, the undersigned official veterinarian, certify that the hatching eggs described in Part I:                         |
|                   |(a) comply with the provisions of Articles 6, 7 and [15] of Council Directive […];                                      |
|                   |(b) comply with the provisions of Article [12(1)(a)] of Directive […](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 [13] or Article [14] of Directive […](1);                 |
|                   |(d) - are derived from poultry which have not been vaccinated against Newcastle disease (1);                            |
|                   |- are derived from poultry which have been vaccinated against Newcastle disease (1) using: Õ                            |
|                   |Ö Date(s) of vaccination: Õ                                   |Ö Name, type (inactivated or live) and NDV strain(s)     |
|                   |                                                              |used: Õ                                                  |
|Ö Notes                                                                                                                 |
|(1) Delete unnecessary reference.                                                                                       |
|(2) To certify in case of dispatch to a Member State, which has an EC-approved non-vaccinating status for Newcastle     |
|diseases currently: Denmark, Finland and Sweden otherwise delete reference. Õ                                           |
|Ö Official veterinarian or official inspector Õ                                                                         |
|Ö Name (in Capital): Õ                                               |Ö Qualification and title: Õ                      |
|Ö Local Veterinary Unit: Õ                                           |Ö N° of the related LVU: Õ                        |
|Ö Date: Õ                                                            |Ö Signature: Õ                                    |
|Ö Stamp Õ                                                                                                               |

Ö [pic] Õ

Ö [pic] Õ

|Ö EUROPEAN COMMUNITY Õ                                                     |Ö Day-old chicks Õ                                            |
|Ö Part II:        |Ö II. Health information Õ                             |Ö II.a. Certificate reference |Ö II.b. Local reference       |
|Certification Õ   |                                                       |number Õ                      |number Õ                      |
|                  |Ö I, the undersigned official veterinarian, certify that the day-old chicks described in Part I:                      |
|                  |(a) comply either with:                                                                                               |
|                  |(i) the provisions of Articles 6, 8 and [15] of Council Directive […](1);                                             |
|                  |or                                                                                                                    |
|                  |(ii) if derived from hatching eggs imported according to the requirements of Model HEP of Commission Decision         |
|                  |2006/696/EC with the provisions of Article [6(1)] and Article 8 (b) and (c) of Directive […](2);                      |
|                  |(b) comply with Article [12(1)(b)] of Directive […](3);                                                               |
|                  |(c) comply with the provisions of Commission Decision(s) […/…/EC] concerning additional guarantees with regard to     |
|                  |……………….. (indicate disease(s)) and in accordance with Article [13] or Article [14] of Directive […](1);               |
|                  |(d) - have not been vaccinated against Newcastle disease (1);                                                         |
|                  |- are derived from poultry which have not been vaccinated against Newcastle disease (1),                              |
|                  |- have been vaccinated against Newcastle disease (1) using:                                                           |
|                  |-are derived from poultry which have been vaccinated against Newcastle disease (1) using: Õ                           |
|                  |Ö Date(s) of vaccination: Õ                                   |Ö Name, type (inactivated or live) and NDV strain(s)   |
|                  |                                                              |used: Õ                                                |
|Ö Notes                                                                                                               |
|(1) Delete unnecessary reference.                                                                                     |
|(2) 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 Decision 2006/696/EC. The competent authority |
|of the final destination of the old-day chicks has to be informed through the TRACES system about this requirement.   |
|(3) To certify in case of dispatch to a Member State, which has an EC-approved non-vaccinating status for Newcastle   |
|diseases currently: Denmark, Finland and Sweden otherwise delete reference. Õ                                         |
|Ö Official veterinarian or official inspector Õ                                                                       |
|Ö Name (in Capital): Õ                                             |Ö Qualification and title: Õ                      |
|Ö Local Veterinary Unit: Õ                                         |Ö N° of the related LVU: Õ                        |
|Ö Date: Õ                                                          |Ö Signature: Õ                                    |
|Ö Stamp Õ                                                                                                             |

Ö [pic] Õ

Ö [pic] Õ

|Ö EUROPEAN COMMUNITY Õ                                                     |Ö Breeding and productive poultry Õ                           |
|Ö Part II:        |Ö II. Health information Õ                             |Ö II.a. Certificate reference |Ö II.b. Local reference       |
|Certification Õ   |                                                       |number Õ                      |number Õ                      |
|                  |Ö I, the undersigned official veterinarian, certify that the poultry described in Part I:                             |
|                  |(a) comply with the provisions of Articles 6, 9 and [15] of Council Directive […];                                    |
|                  |(b) comply with Article [12(1)(c)] of Directive […] (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 [13] or Article [14] of Directive […](1);               |
|                  |(d) - have not been vaccinated against Newcastle disease (1);                                                         |
|                  |- have been vaccinated against Newcastle disease (1) using: Õ                                                         |
|                  |Ö Date(s) of vaccination: Õ                                 |Ö Name, type (inactivated or live) and NDV strain(s)     |
|                  |                                                            |used: Õ                                                  |
|Ö Notes                                                                                                               |
|(1) Delete unnecessary reference.                                                                                     |
|(2) To certify in case of dispatch to a Member State, which has an EC-approved non-vaccinating status for Newcastle   |
|diseases currently: Denmark, Finland and Sweden otherwise delete reference. Õ                                         |
|Ö Official veterinarian or official inspector Õ                                                                       |
|Ö Name (in Capital): Õ                                             |Ö Qualification and title: Õ                      |
|Ö Local Veterinary Unit: Õ                                         |Ö N° of the related LVU: Õ                        |
|Ö Date: Õ                                                          |Ö Signature: Õ                                    |
|Ö Stamp Õ                                                                                                             |

Ö [pic] Õ

Ö [pic] Õ

|Ö EUROPEAN COMMUNITY Õ                                                    |Ö Poultry, day-old chicks and eggs for hatching in lots of     |
|                                                                          |under 20 (except for ratites and hatching eggs thereof) Õ      |
|Ö Part II:         |Ö II. Health information Õ                            |Ö II.a. Certificate reference  |Ö II.b. Local reference       |
|Certification Õ    |                                                      |number Õ                       |number Õ                      |
|                   |Ö I, the undersigned official veterinarian, certify that:                                                             |
|                   |(a) the poultry, day-old chicks or hatching eggs described in Part I comply with the provisions of Article [11] of    |
|                   |Council Directive […] ;                                                                                               |
|                   |(b) the poultry, day-old chicks or hatching eggs described in Part I comply with Article [12(1)] of Directive […] (2);|
|                   |(c) the poultry, day-old chicks or hatching eggs described in Part I comply with the provisions of Commission         |
|                   |Decision(s) […/…/EC] concerning additional guarantees with regard to ……………….. (indicate disease(s)) and in accordance |
|                   |with Article [13] or Article [14] of Directive […] (1);                                                               |
|                   |(d) - the poultry / day-old chicks (1) have not been vaccinated against Newcastle disease (1);                        |
|                   |- the poultry / day-old chicks (1)have been vaccinated against Newcastle disease (1) using:                           |
|                   |- the poultry from which the day-old chicks / hatching eggs (1) are derived have not been vaccinated against Newcastle|
|                   |disease (1);                                                                                                          |
|                   |- the poultry from which the day-old chicks / hatching eggs (1) are derived have been vaccinated against Newcastle    |
|                   |disease (1) using: Õ                                                                                                  |
|                   |Ö Date(s) of vaccination: Õ                           |Ö Name, type (inactivated or live) and NDV strain(s) used: Õ   |
|                   |Ö Notes                                                                                                               |
|                   |(1) Delete unnecessary reference.                                                                                     |
|                   |(2) To certify in case of dispatch to a Member State, which has an EC-approved non-vaccinating status for Newcastle   |
|                   |diseases currently: Denmark, Finland and Sweden otherwise delete reference. Õ                                         |
|                   |Ö Official veterinarian or official inspector Õ                                                                       |
|                   |Ö Name (in Capital): Õ                                |Ö Qualification and title: Õ                                   |
|                   |Ö Local Veterinary Unit: Õ                            |Ö N° of the related LVU: Õ                                     |
|                   |Ö Date: Õ                                             |Ö Signature: Õ                                                 |
|                   |Ö Stamp Õ                                                                                                             |

Ö [pic] Õ

Ö [pic] Õ

|Ö EUROPEAN COMMUNITY Õ                                                     |Ö Slaughter poultry Õ                                         |
|Ö Part II:        |Ö II. Health information Õ                             |Ö II.a. Certificate reference |Ö II.b. Local reference       |
|Certification Õ   |                                                       |number Õ                      |number Õ                      |
|                  |Ö I, the undersigned official veterinarian, certify that the poultry described in Part I:                             |
|                  |(a) comply with the provisions of Articles [10] and [15] of Council Directive […];                                    |
|                  |(b) comply with the provisions of Article [12(1)(d)] of Directive […] (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 [13] or Article [14] of Directive […] (1);              |
|                  |(d) - have not been vaccinated against Newcastle disease (1);                                                         |
|                  |- have been vaccinated against Newcastle disease (1) using: Õ                                                         |
|                  |Ö Date(s) of vaccination: Õ                                   |Ö Name, type (inactivated or live) and NDV strain(s)   |
|                  |                                                              |used: Õ                                                |
|Ö Notes                                                                                                               |
|(1) Delete unnecessary reference.                                                                                     |
|(2) To certify in case of dispatch to a Member State, which has an EC-approved non-vaccinating status for Newcastle   |
|diseases currently: Denmark, Finland and Sweden otherwise delete reference. Õ                                         |
|Ö Official veterinarian or official inspector Õ                                                                       |
|Ö Name (in Capital): Õ                                             |Ö Qualification and title: Õ                      |
|Ö Local Veterinary Unit: Õ                                         |Ö N° of the related LVU: Õ                        |
|Ö Date: Õ                                                          |Ö Signature: Õ                                    |
|Ö Stamp Õ                                                                                                             |

Ö [pic] Õ

Ö [pic] Õ

|Ö EUROPEAN COMMUNITY Õ                                                     |Ö Poultry for restocking game supplies Õ                      |
|Ö Part II:        |Ö II. Health information Õ                             |Ö II.a. Certificate reference |Ö II.b. Local reference       |
|Certification Õ   |                                                       |number Õ                      |number Õ                      |
|                  |Ö I, the undersigned official veterinarian, certify that the poultry described in Part I:                             |
|                  |(a) comply with the provisions of Articles [10a] and [15] of Council Directive […] ;                                  |
|                  |(b) comply with the provisions of Article [12(1)(c)] of Directive […] (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 [13] or Article [14] of Directive […] (1);              |
|                  |(d) - have not been vaccinated against Newcastle disease (1);                                                         |
|                  |- have been vaccinated against Newcastle disease (1) using: Õ                                                         |
|                  |Ö Date(s) of vaccination: Õ                                  |Ö Name, type (inactivated or live) and NDV strain(s)    |
|                  |                                                             |used: Õ                                                 |
|Ö Notes                                                                                                               |
|(1) Delete unnecessary reference.                                                                                     |
|(2) To certify in case of dispatch to a Member State, which has an EC-approved non-vaccinating status for Newcastle   |
|diseases currently: Denmark, Finland and Sweden otherwise delete reference. Õ                                         |
|Ö Official veterinarian or official inspector Õ                                                                       |
|Ö Name (in Capital): Õ                                             |Ö Qualification and title: Õ                      |
|Ö Local Veterinary Unit: Õ                                         |Ö N° of the related LVU: Õ                        |
|Ö Date: Õ                                                          |Ö Signature: Õ                                    |
|Ö Stamp Õ                                                                                                             |

Ö [pic]

Õ

                                                                     ________

                                            ê 90/539/EEC

                                                                     ANNEX V

                                                         COMPULSORILY NOTIFIABLE DISEASES

     – Avian influenza

     – Newcastle disease

                                                                     ________

                                            é

                                                                     ANNEX VI

                                                                      Part A

                                                Repealed Directive with 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                                     |Article 19(2) only                                    |
|(OJ L 268, 24.9.1991, p. 35)                                     |                                                      |
|Council Directive 91/496/EEC                                     |Only as regards the reference to Directive 90/539/EEC |
|(OJ L 268, 24.9.1991, p. 56)                                     |in Article 26(2)                                      |
|Council Directive 92/65/EEC                                      |Article 7(B), second subparagraph only                |
|(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)                                    |                                                      |
|Council Directive 1999/90/EC                                     |                                                      |
|(OJ L 300, 23.11.1999, p. 19)                                    |                                                      |
|Commission Decision 2000/505/EC                                  |Article 1 and Annex only                              |
|(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                              |Annex III, point 13 only                              |
|(OJ L 122, 16.5.2003, p. 1)                                      |                                                      |
|Council Directive 2006/104/EC                                    |Annex, point I.3. only                                |
|(OJ L 363, 20.12.2006, p. 352)                                   |                                                      |
|Commission Decision 2006/911/EC                                  |Annex, point 4 only                                   |
|(OJ L 346, 9.12.2006, p. 41)                                     |                                                      |

                                                                      Part B

                                                      Non-repealed successive amending acts
                                                           (referred to in Article 37)

1994 Act of Accession

2003 Act of Accession

                                                                      Part C

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

|Directive                                    |Time-limit for transposition                 |
|90/539/EEC                                   |1 May 1992                                   |
|91/494/EEC                                   |1 May 1992                                   |
|91/496/EEC                                   |1 July 1992                                  |
|92/65/EEC                                    |31 December 1993                             |
|93/120/EC                                    |1 January 1995                               |
|1999/90/EC                                   |30 June 2000                                 |
|2006/104/EC                                  |1 January 2007                               |

                                                                  _____________

                                                                    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, (1) to (14)                             |Article 2, second paragraph, (1) to (14)                             |
|Article 2, second paragraph, (16)                                    |Article 2, second paragraph, (15)                                    |
|Article 2, second paragraph, (17)                                    |Article 2, second paragraph, (16)                                    |
|Article 3(1)                                                         |Article 3(1)                                                         |
|Article 3(2)                                                         |Article 3(2)                                                         |
|Article 3(3), first and second indents                               |Article 3(3)(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 6(b)                                                         |
|Article 7, first paragraph, (1), first indent                        |Article 7(1)(a)(i)                                                   |
|Article 7, first paragraph, (1), second indent                       |Article 7(1)(a)(ii)                                                  |
|Article 7, first paragraph, (1), second indent, first subindent      |Article 7(1)(a)(iii), first indent                                   |
|Article 7, first paragraph, (1), second indent, second subindent     |Article 7(1)(a)(iii), second indent                                  |
|Article 7, first paragraph, (2)                                      |Article 7(1)(b)                                                      |
|Article 7, first paragraph, (3)                                      |Article 7(1)(c)                                                      |
|Article 7, second paragraph                                          |Article 7(2)                                                         |
|Article 8                                                            |Article 8                                                            |
|Article 9                                                            |Article 9                                                            |
|Article 9a                                                           |Article 10                                                           |
|Article 9b                                                           |Article 11                                                           |
|Article 10                                                           |Article 12                                                           |
|Article 10a                                                          |Article 13                                                           |
|Article 10b                                                          |Article 14                                                           |
|Article 11(1)                                                        |Article 15(1)                                                        |
|Article 11(2), first to fifth indents                                |Article 15(2), first subparagraph, (a) to (e)                        |
|Article 11(2), sixth indent                                          |Article 15(2), second subparagraph                                   |
|Article 11(3)                                                        |Article 15(3)                                                        |
|Article 12(1)(a), first, second and third indents                    |Article 16(1)(a)(i), (ii) and (iii)                                  |
|Article 12(1)(b), first and second indents                           |Article 16(1)(b)(i) and (ii)                                         |
|Article 12(1)(c), first, second and third indents                    |Article 16(1)(c)(i), (ii) and (iii)                                  |
|Article 12(1)(d), first and second indents                           |Article 16(1)(d)(i) and (ii)                                         |
|Article 12(2), first, second and third subparagraphs                 |Article 16(2), first, second and third subparagraphs                 |
|Article 12(2), fourth subparagraph, first, second and third indents  |Article 16(2), fourth subparagraph, (a), (b) and (c)                 |
|Article 12(2), fifth subparagraph                                    |Article 16(2), fifth subparagraph                                    |
|Article 12(3)(i) and (ii)                                            |Article 16(3)(a) and (b)                                             |
|Article 13(1), first to seventh indents                              |Article 17(1)(a) to (g)                                              |
|Article 13(2), first subparagraph                                    |Article 17(2)                                                        |
|Article 13(2), second subparagraph                                   |________                                                             |
|Article 13(3)                                                        |Article 17(3)                                                        |
|Article 13(4)                                                        |________                                                             |
|Article 14(1), first to fifth indents                                |Article 18(1)(a) to (e)                                              |
|Article 14(2)                                                        |Article 18(2)                                                        |
|Article 14(3)                                                        |Article 18(3)                                                        |
|Article 14(4)                                                        |________                                                             |
|Article 15(1), first subparagraph, first and second indents          |Article 19(1), (a) and (b)                                           |
|Article 15(1), second subparagraph, (a)                              |Article 19(2)(a)                                                     |
|Article 15(1), second subparagraph, (b), first to fourth indents     |Article 19(2)(b)(i) to (iv)                                          |
|Article 15(2)                                                        |Article 19(3)                                                        |
|Article 15(3), first and second indents                              |Article 19(4)(a) and (b)                                             |
|Article 15(4)(a)                                                     |Article 19(5), first subparagraph                                    |
|Article 15(4)(b)                                                     |Article 19(5), second subparagraph                                   |
|Article 15(4)(c)                                                     |Article 19(5), third subparagraph                                    |
|Article 15(5), first, second and third indents                       |Article 19(6)(a), (b) and (c)                                        |
|Article 15(6)                                                        |Article 19(7)                                                        |
|Article 16                                                           |Article 20                                                           |
|Article 17, first to seventh indents                                 |Article 21(a) to (g)                                                 |
|Article 18                                                           |Article 22                                                           |
|Article 20                                                           |Article 23                                                           |
|Article 21                                                           |Article 24                                                           |
|Article 22                                                           |Article 25                                                           |
|Article 23                                                           |Article 26                                                           |
|Article 24                                                           |Article 27                                                           |
|Article 25                                                           |Article 28                                                           |
|Article 26                                                           |Article 29                                                           |
|Article 27a                                                          |Article 30                                                           |
|Article 28                                                           |Article 31                                                           |
|Article 29(1)                                                        |Article 32                                                           |
|Article 30(1)                                                        |Article 33                                                           |
|Article 30(2)                                                        |________                                                             |
|Article 31                                                           |________                                                             |
|Article 32(1)                                                        |Article 34(1)                                                        |
|Article 32(2)                                                        |Article 34(2)                                                        |
|Article 32(3)                                                        |Article 34(4)                                                        |
|Article 33(1)                                                        |________                                                             |
|Article 33(2)                                                        |Article 34(3)                                                        |
|Article 34                                                           |Article 35                                                           |
|Article 36                                                           |________                                                             |
|________                                                             |Article 36                                                           |
|________                                                             |Article 37                                                           |
|________                                                             |Article 38                                                           |
|Article 37                                                           |Article 39                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II, Chapters I, II and III                                     |Annex II, Chapters I, II and III                                     |
|Annex II, Chapter IV, (1)                                            |Annex II, Chapter IV, (1)                                            |
|Annex II, Chapter IV, (2)                                            |Annex II, Chapter IV, (2)                                            |
|Annex II, Chapter IV, (3)(a)                                         |Annex II, Chapter IV, (3)(a)                                         |
|Annex II, Chapter IV, (3)(b)(i) and (ii)                             |Annex II, Chapter IV, (3)(b), first and second indents               |
|Annexes III, IV and V                                                |Annexes III, IV and V                                                |
|________                                                             |Annex VI                                                             |
|________                                                             |Annex VII                                                            |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2][3]-.8;?@AÑÒ        _
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      h[pic]OZh…PâhæaJh‘6hØ[pic]Ûh?O€h^Oh…PâO See Annex 3 to Part A of the Conclusions.
[4]   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.
[5]   Annex VI, Parts A and B of this proposal.
[6]   OJ C […], […], p. […].
[7]   OJ L 303, 31.10.1990, p. 6. Directive as last amended by Commission Decision 2006/911/EC (OJ L 346, 9.12.2006, p. 41).
[8]   See Annex VI, Parts A and B.
[9]   [OJ L 282, 1.11.1975, p. 100. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).]
[10]  [OJ L 209, 17.8.1977, p. 1. Regulation as last amended by the 2003 Act of Accession Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006,  p.
      1.]
[11]  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of  the  Council  (OJ  L  315,
      19.11.2002, p. 14).
[12]  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
[13]  OJ L 139, 30.4.2004, p. 321. Corrected version in OJ L 226, 25.6.2004, p. 128.
[14]  OJ L 378, 31.12.1982, p. 58.
[15]  OJ L 260, 5.9.1992, p. 1.
[16]  OJ L 94, 31.3.2004, p. 44.
[17]  OJ L 10, 14.1.2006, p. 16.
[18]  OJ L 395, 30.12.1989, p. 13.
[19]  OJ L 31, 1.2.2002, p. 1.