CELEX: 52000GC0666
Language: en
Date: 2006-12-08
Title: Draft Commission Decision of […] laying down the animal health and the veterinary certification requirements for the import of birds other than poultry and the conditions for quarantine (…/…/EC) (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2006)

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

  laying down the animal health and the veterinary certification requirements for the import of birds other than poultry and the conditions for
                                                                    quarantine

                                                                     (…/…/EC)

                                                                (Codified version)

                                            ê 2000/666/EC (adapted)

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

  laying down the animal health and the veterinary certification Ö requirements Õ for the import of birds other than poultry and the conditions
                                                                  for quarantine

                                                     (notified under document number C(…) …)
                                                            (Text with EEA relevance)

                                                                     (…/…/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

                                            ê 

   1) Commission Decision 2000/666/EC of 16 October 2000 laying down the animal health requirements and  the  veterinary  certification  for  the
      import of birds, other than poultry and the conditions for quarantine[2] has been substantially amended several times[3]. In the  interests
      of clarity and rationality the said Decision should be codified.

                                            ê 2000/666/EC Recital 1

   2) It is necessary to lay down the animal health conditions and the certification requirements for imports of birds other  than  poultry  from
      certain third countries.

                                            ê 2000/666/EC Recital 2 (adapted)

   3) After their entry onto the territory of the Community, birds other than poultry Ö are  to Õ  be  quarantined  in  accordance  with  Article
      7A(1)(c) of Directive 92/65/EEC in quarantine facilities or centres in the Community before being placed on the market. Special  conditions
      for the approval of quarantine facilities or centres for birds Ö should Õ be laid down.

                                            ê 2000/666/EC Recital 3 (adapted)

   4) A positive finding for avian influenza or Newcastle disease or the confirmation of these diseases in the quarantined birds or the  sentinel
      chickens Ö should Õ not be reported as an outbreak within the context of Council  Directive  82/894/EEC  Ö of  21 December  1982 Õ  on  the
      notification of animal diseases within the Community[4], but should nevertheless be reported to the Commission.

                                            ê 2000/666/EC Recital 4

   5) Candidate countries for exporting birds to the Community Ö should Õ be members  of  the  Office  International  des  Epizooties  (OIE)  and
      Ö should Õ comply with the general requirements of the section on veterinary ethics and certification for international trade.

                                            ê 2000/666/EC Recital 5 (adapted)

   6) The measures provided for in this Decision have followed the notification procedure of the Agreement on the Application of the Sanitary and
      Phytosanitary Measures (SPS)Ö [5] Õ laid down within the framework of the World Trade Organisation (WTO).

                                            ê 2000/666/EC Recital 6 (adapted)

   7) The measures provided for in this Decision are in accordance with the opinion of the Ö Standing Committee on  the  Food  Chain  and  Animal
      Health Õ,

                                            ê 2000/666/EC

HAS ADOPTED THIS DECISION:

                                                                    Article 1

                                            ê 2000/666/EC (adapted)

For the purposes of this Decision, the definitions of Council Directive Ö 2005/94//EC[6] Õ shall apply for avian influenza and Council  Directive
92/66/EEC[7] for Newcastle disease.

                                            ê 2000/666/EC

In addition:

                                            ê 2000/666/EC (adapted)

Ö (a) Õ     “quarantine facility” means premises which are separated from poultry holdings and other bird  holdings  by  a  reasonable  distance,
       when taking into account the epidemiology of Newcastle disease and avian influenza as regards airborne spread, and in which quarantine  of
       imported birds is carried out on an “all-in, all-out” basis;

Ö (b) Õ     “quarantine centre” means premises containing a number of units, which are operationally and physically  separated  from  each  other
       and in which each unit contains only birds of the same consignment, with the same health status and being  therefore  one  epidemiological
       unit; and within each unit of which the quarantine of imported birds is carried out on an “all-in, all-out” basis; and which are separated
       from poultry holdings and other bird holdings by a reasonable distance, when taking into account the epidemiology of Newcastle disease and
       avian influenza as regards airborne spread;

Ö (c) Õ     “birds” means animals of avian species not covered by Ö point 1 of Õ Article 2 of Council  Directive  90/539/EEC[8]  excluding  birds
       referred to in Ö the third paragraph Õ Ö of Õ Article 1 (relating to pet birds accompanying their owner)  and  Article 19  Ö (relating  to
       birds for zoos, circuses, amusement parks and experimental laboratories) Õ of Directive 92/65/EEC;

Ö (d) Õ     “sentinel chickens” means poultry which are to be used as a diagnostic aid during quarantine.

                                            ê 2000/666/EC

This decision shall not apply to birds taken directly from the wild for conservation programmes  approved  by  the  competent  authority  in  the
Member State of destination.

                                            ê 2000/666/EC (adapted)
                                            è1 2002/279/EC Art.1 pt.1

                                                                    Article 2

Member States shall authorise the import of birds from countries listed in Annex Ö IV Õ only if:

Ö (a) Õ     they originate from holdings which are registered by the competent authority of the exporting country;

Ö (b) Õ     they are accompanied by an animal health certificate as laid down in Annex Ö I Õ;

Ö (c) Õ     they are transported in cages or crates which are individually identified with the identification number that  must  correspond  with
       the identification number indicated on the animal health certificate;

Ö (d) Õ     è1 the birds are transported to an approved quarantine facility or centre which appears on the list as laid  down  in  Ö point  (e) Õ
       and the importer has provided written information in the language of the  Member  State  of  entry  by  the  responsible  person  for  the
       quarantine facility or centre that the birds will be accepted for quarantine. This information shall clearly indicate the name and address
       and approval number of the quarantine facility or centre and shall reach the border inspection post via e-mail or fax prior to arrival  of
       the consignment at the border inspection post or shall be presented by the importer or his agent before the birds are  released  from  the
       border inspection post; ç

                                            ê 2002/279/EC Art.1 pt.2 (adapted)

Ö (e) Õ     Member States communicate the list of approval numbers of the approved quarantine facilities or  centres  and  the  name  and  ANIMO-
       number of the responsible Local Veterinary Unit to the other Member States and to the Commission as well  as  changes  to  that  list,  in
       accordance with the provisions of Ö Commission Õ Decision [2001/106/EC] Ö [9] Õ.

                                            ê 2000/666/EC (adapted)
                                            è1 2002/279/EC Art.1 pt 3
                                            è2 2002/279/EC Art.1 pt.4

                                                                    Article 3

1.    The birds shall be transported directly from the border inspection post to an approved quarantine facility or centre in  cages  or  crates,
       without prejudice to Council Ö Regulation (EC) No 1/2005[10] Õ.

2.    Following the inspection of the birds, the crates or cages or the transport vehicle Ö shall Õ be sealed by  the  official  responsible  for
       the border inspection post in such a way as to avoid any possibility of substitution of the contents during transport  to  the  quarantine
       facility or centre.

3.    The birds Ö shall Õ be quarantined for at least 30 days in an approved quarantine facility or centre.

4.    A quarantine facility or centre for imported birds shall be approved by the competent authority in  accordance  with  the  conditions  laid
       down in Annex Ö III Õ. è1 This approval shall be withdrawn when these conditions cease to be met. ç

5.    At least at the beginning and at the end of quarantine  of  each  consignment  the  official  veterinarian  shall  inspect  the  quarantine
       provisions including an examination of the mortality records and a clinical inspection of the birds in each unit of the quarantine  centre
       or in the quarantine facility. The official veterinarian or an authorised veterinarian Ö shall Õcarry out inspection  more  frequently  if
       the disease situation requires it.

                                                                    Article 4

1.    After the birds have been placed in quarantine, the sampling and testing of the birds and/or the sentinel chickens, as  set  out  in  Annex
       Ö III Õ, shall be carried out.

2.    When sentinel chickens are used they Ö shall Õ be used only once, be unvaccinated, have been found sero-negative for Newcastle Disease  and
       avian influenza è2 within ç 14 days before the start of quarantine, be at least three weeks old, be placed in the quarantine  unit  before
       the arrival of the birds, be leg-banded for identification purposes or identified with another non-removable identification and placed  in
       the quarantine unit as close as possible to the birds in such a way that contact between the sentinel chickens and the excrements  of  the
       quarantine birds is ensured. A minimum of four sentinel chickens Ö shall Õ be used in the quarantine facility  or  in  each  unit  of  the
       quarantine centre.

3.    If during quarantine as provided for in Article 3 it is suspected that one or more birds are infected with  avian  influenza  or  Newcastle
       disease, samples for virological examination as set out in Ö point 2 Õ of Annex Ö III Õ shall be taken  from  birds  in  the  facility  or
       suspect unit and shall be analysed accordingly.

4.    If during quarantine as provided for in Article 3 one or more birds or the sentinel chickens are found to be infected with avian  influenza
       or Newcastle disease the following rules Ö shall Õ apply:

       (a)  all birds of the infected quarantine facility or unit Ö shall Õ be killed and destroyed;

       (b)  the infected quarantine facility or unit Ö shall Õ be cleaned and disinfected;

       (c)  in the case of quarantine centres, not earlier than  21  days  after  final  cleansing  and  disinfection,  samples  for  serological
           examination shall be taken from sentinel chickens in the other quarantine units, Ö or in the case  of  quarantine  centres  where  no
           sentinel chickens are used, during 7 to 15 days after final cleaning and disinfection, samples for virological examination  shall  be
           taken from birds in the other quarantine units Õ;

       Ö (d) Õ    no birds shall leave the quarantine centre until the results of the sampling described in Ö point (c) Õ have been confirmed  as
           negative;

       Ö (e) Õ    no birds shall enter the previously infected  quarantine  facility  or  unit  until  21  days  after  the  final  cleaning  and
           disinfection.

5.    By way of derogation from paragraph 4 the competent authority may decide that after positive findings for Newcastle disease in one or  more
       birds or in the sentinel chickens that the birds need not be destroyed, if, at least 30 days after the death or clinical recovery  of  the
       last case, sampling according to Ö point 1(b) Õ of Annex Ö III, Õ ignoring the reference to the time period  specified, has  been  carried
       out with negative results. The birds may not be released from quarantine before at least 60 days have elapsed after the clinical signs  of
       Newcastle disease have disappeared. Any matter or waste likely to be contaminated Ö shall Õbe destroyed in such a way that guarantees  the
       destruction of any Newcastle disease virus present as well as all the waste that has accumulated during the 60-day period. The  Commission
       shall be informed of the measures taken in each case.

                                                                    Article 5

If during quarantine as provided for in Article 3 it is suspected or confirmed that psittaciformes  are  infected  with  Chlamydia  psittaci  all
birds of the consignment Ö shall Õ be treated by a method approved by the competent authority and the quarantine Ö shall Õ be  prolonged  for  at
least two months following the last recorded case.

                                                                    Article 6

Psittaciformes Ö shall Õ be identified individually at arrival in quarantine in accordance with Chapter 2B of Annex Ö II Õ. These  identification
numbers Ö shall Õ be listed in the records which have to be kept according to Article 7.

                                                                    Article 7

The management provisions of the quarantine centre or facility including the disposal of waste materials and the keeping of records Ö shall Õ  be
in accordance with the requirements of Chapter 2A of Annex Ö II Õ.

                                            ê 2000/666/EC

                                                                    Article 8

All quarantine costs occasioned by the application of the present Decision shall be borne by the importer.

                                                                    Article 9

Birds can be released from quarantine only on written authorisation by an official veterinarian.

                                            ê 

                                                                    Article 10

Decision 2000/666/EC is repealed.

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

                                            ê 2000/666/EC (adapted)

                                                                    Article 11

This Decision is addressed to the Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 2002/279/EC Art. 1 pt. 5 (adapted)

                                                                   ANNEX Ö I Õ

                                            ê 2002/279/EC Art. 1 pt. 5

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 2000/666/EC Annex B (adapted)

                                                                   ANNEX Ö II Õ

                                            ê 2000/666/EC

                                MINIMUM CONDITIONS FOR THE APPROVAL OF QUARANTINE FACILITIES AND CENTRES FOR BIRDS

                                                                    CHAPTER 1

                                         Construction and equipment of the quarantine facility or centre

1.    The quarantine facility or centre must be a separate building which is separated from  poultry  holdings  and  other  bird  holdings  by  a
       reasonable distance when taking into account the epidemiology of Newcastle  disease  and  avian  influenza  as  regards  airborne  spread.
       Entry/exit doors should be lockable with signs indicating: “QUARANTINE — No admission for unauthorised persons”.

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

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

4.    The facility or each quarantine unit has to be equipped with handwashing facilities.

5.    Entry and exit doors to the facility and to each quarantine unit must be double door systems.

6.    Hygiene barriers have to be installed at all entrances/exits to the facility and the different units.

7.    All equipment must be constructed in a way that it can be cleansed and disinfected.

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

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

10.   A refrigerator and/or freezer must be provided for holding carcasses.

                                                                    CHAPTER 2

                                                           A.    Management provisions

1.    Quarantine facilities or centres must:

                                            ê 2000/666/EC (adapted)

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

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

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

                                            ê 2000/666/EC

2.    An “all-in, all-out” policy must be followed in each quarantine facility or quarantine unit.

3.    Precautions should be taken to prevent cross-contamination between incoming and outgoing consignments.

4.    No unauthorised persons may enter the quarantine facility.

5.    Persons entering the quarantine facility must wear protective clothing including footwear.

6.    No contacts of personnel shall take place, which may cause contamination between units.

7.    Appropriate equipment has to be available for cleaning and disinfection.

8.    Cleansing and disinfection of the cages or crates used for the transport must be carried out at the quarantine facility  or  centre  unless
       they are destroyed. If re-used, they have to be made of a material that allows effective cleaning and disinfection. The cages  and  crates
       have to be destroyed in such a way so as to avoid spread of disease agents.

9.    Litter and waste material has to be collected regularly, stored in the litter container and subsequently has to be treated in  such  a  way
       as to avoid spread of disease-causing agents.

10.   Carcasses of dead birds must be examined in an official laboratory designated by the competent authority.

11.   The necessary analyses and treatments must be carried out in consultation with and under the control of the official veterinarian.

12.   The official veterinarian must be informed of diseases and death of birds and/or sentinel chickens during the quarantine period.

13.   The person in charge of the facility or centre must keep a record of:

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

       (b)  copies of the health and border crossing certificates accompanying the imported birds;

       (c)  individual identification numbers of psittaciformes;

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

       (e)  dates and results of testing; type and dates of treatment;

       (f)  persons entering the quarantine centre.

14.   This record has to be kept for at least one year.

                                                      B.    Identification of psittaciformes

Individual identification of psittaciformes shall be carried out on arrival in quarantine by means of a leg-ring or a microchip.

1.    The leg-ring shall be tamper-proof and its diameter shall be adequate for the species.

2.    The leg-ring or the microchip shall bear at least the following information:

       (a)  the ISO code of the Member State performing the identification;

       (b)  a unique serial number.

3.    An appropriate microchip reader if identification by microchipping is used must be available at the quarantine facility or centre.

4.    The details of the type of microchip and the reader used shall be recorded.

                                                                    __________

                                            ê 2000/666/EC Annex C (adapted)

                                                                  ANNEX Ö III Õ

                                            ê 2000/666/EC

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

1.    During quarantine either the sentinel chickens or if sentinel chickens are not used the imported birds must be subjected to  the  following
       procedures:

                                            ê2000/666/EC (adapted)

       Ö (a) Õ    With use of sentinel chickens:

                                            ê2000/666/EC

           (i)   blood samples for serological examination must be taken from all sentinel chickens not less then 21  days  after  the  imported
                birds entered quarantine and at least three days before the end of the quarantine period;

           (ii)  if sentinel chickens show positive or inconclusive serological results the imported birds  must  be  subjected  to  virological
                examination. Cloacal swabs (or faeces) must be taken from all birds if the consignment is less than 60, or  from  60  birds  from
                larger consignments.

                                            ê2000/666/EC (adapted)

       Ö (b) Õ    Without use of sentinel chickens:

           imported birds have to be examined virologically (serological testing is not appropriate). Cloacal swabs (or faeces)  must  be  taken
           from all birds if the consignment is less than 60 or from 60 birds from larger consignments during the first 7  to  15  days  of  the
           quarantine period.

                                            ê2000/666/EC (adapted)

2.    In addition to the testing set out in 1 Ö (a) Õ or Ö (b) Õ the following samples for virological examination have to be taken:

       Ö (a) Õ    cloacal swabs (or faeces) and tracheal swabs (if possible) from clinically ill birds or ill sentinel chickens;

       Ö (b) Õ    from the intestinal contents, brain, trachea, lungs, liver, spleen, kidneys and other obviously  affected  organs  as  soon  as
           possible after the death from either:

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

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

                                            ê 2000/666/EC

3.    All virological and serological testing of samples taken during quarantine must be carried out in official laboratories designated  by  the
       competent authority using diagnostic procedures according to Annex III to Directive 92/66/EEC and Annex III to  Directive  92/40/EEC.  For
       virological examination pooling of samples up to a maximum of five samples of individual birds in one pool  is  allowed.  Faecal  material
       must be pooled separately from other organ and tissue samples.

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

                                                                    __________

                                            ê 2000/666/EC Annex D (adapted)

                                                                   ANNEX Ö IV Õ

                                LIST OF THIRD COUNTRIES WHICH CAN USE THE ANIMAL HEALTH CERTIFICATE IN ANNEX Ö I Õ

                                            ê 2000/666/EC

Countries listed as members of the Office International des Epizooties (OIE) in the OIE Bulletin.

                                                                    __________

                                            é

                                                                     ANNEX V

                                                 Repealed Decision with its successive amendments

|Commission Decision 2000/666/EC                                           |                                                              |
|(OJ L 278, 31.10.2000, p. 26)                                             |                                                              |
|Commission Decision 2001/383/EC                                                  |                                                  |
|(OJ L 137, 19.5.2001, p. 28)                                                     |                                                  |
|Commission Decision 2002/279/EC                                                  |Article 1 only                                    |
|(OJ L 99, 16.4.2002, p. 17)                                                      |                                                  |

                                                                    __________

                                                                     ANNEX VI

                                                                Correlation Table

|Decision 2000/666/EC                                                |This Decision                                                       |
|Article 1 first to fourth indents                                   |Article 1(a) to (d)                                                 |
|Article 2 points 1 to 5                                             |Article 2(a) to (e)                                                 |
|Article 3                                                           |Article 3                                                           |
|Article 4(1), (2) and (3)                                           |Article 4(1), (2) and (3)                                           |
|Article 4(4)(a) and (b)                                             |Article 4(4)(a) and (b)                                             |
|Article 4(4)(c) and (d)                                             |Article 4(4)(c)                                                     |
|Article 4(4)(e) and (f)                                             |Article 4(4)(d) and (e)                                             |
|Article 4(5)                                                        |Article 4(5)                                                        |
|Articles 5 - 9                                                      |Articles 5 - 9                                                      |
|Article 10                                                          |_                                                                   |
|_                                                                   |Article 10                                                          |
|Article 11                                                          |Article 11                                                          |
|Annex A                                                             |Annex I                                                             |
|Annex B Chapter 1                                                   |Annex II Chapter 1                                                  |
|Annex B Chapter 2 A point 1 first to third indents                  |Annex II Chapter 2 A point 1(a) to (c)                              |
|Annex B Chapter 2 A points 2 to 14                                  |Annex II Chapter 2 A points 2 to 14                                 |
|Annex B Chapter 2 B                                                 |Annex II Chapter 2 B                                                |
|Annex C point 1 points A and B                                      |Annex III point 1(a) and (b)                                        |
|Annex C point 2(i)                                                  |Annex III point 2(a)                                                |
|Annex C point 2(ii) first and second indents                        |Annex III point 2(b)(i) and (ii)                                    |
|Annex C points 3 and 4                                              |Annex III points 3 and 4                                            |
|Annex D                                                             |Annex IV                                                            |
|_                                                                   |Annex V                                                             |
|_                                                                   |Annex VI                                                            |

                                                                    __________

                                                             -----------------------
[1]   OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p.320).
[2]   OJ L 278, 31.10.2000, p. 26. Decision as last amended by Decision 2002/279/EC (OJ L 99, 16.4.2002, p. 17).
[3]   See Annex V.
[4]   OJ L 378, 31.12.1982, p. 58. Directive as last amended by Commission Decision 2004/216/EC (OJ L 67, 5.3.2004, p.27).
[5]   OJ L 336, 23.12.1994, p. 40.
[6]   OJ L 10, 14.1.2006, p.16.
[7]   OJ L 260, 5.9.1992, p. 1.
[8]   OJ L 303, 31.10.1990, p. 6.
[9]   [OJ L 39, 9.2.2001, p. 39].
[10]  OJ L 3, 5.1.2005, p.1.