CELEX: 51993PC0096(01)
Language: en
Date: 1993-03-15
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 90/539/EEC on animal health conditions governing intra- Community trade in and imports from third countries of poultry and hatching eggs

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(93) 96 final
                                          Brussels, 15 March 1993
            REPORT FROM THE COMMISSION TO THE COUNCIL
 on the risks of transmission of Newcastle disease in accordance
     with Article 3 of Directive 91/494/EEC on animal health
        conditions governing intra-Community trade in and
        imports from third countries of fresh poultrymeat
                           Proposal for a
                         COUNCIL DIRECTIVE
    amending Directive 90/539/EEC on animal health conditions
       governing intra-Community trade in and imports from
           third countries of poultry and hatching eggs
                           Proposal for a
                         COUNCIL DIRECTIVE
    amending Directive 91/494/EEC on animal health conditions
       governing intra-Community trade in and imports from
               third countries of fresh poultrymeat
                   (presented by the Commission)
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The Council adopted in October 1990 Council Directive 90/539/EEC on animal
health conditions governing intra-Community trade in, and imports from third
countries of, poultry and hatching eggs and in June 1991 Council Directive
91/494/EEC on animal health conditions governing intra-Community trade in and
imports from third countries of fresh poultry meat. The two said Directives
shall in accordance with Article 35 of Directive 90/539/EEC and Article 20 of
Directive 91/494/EEC be reviewed before 31 December 1992 in the light of
proposals concerning the completion of the internal market. Furthermore, in
accordance with Article 3 of Directive 91/494/EEC a proposal based on a report
on the risks of transmission of Newcastle disease shall be submitted with
rules to be applicable from January 1993.
The scientific Veterinary Committee haâ in September 1992 approved a report on
the risk of transmission of Newcastle disease and the attached report and
proposal are based on that report. Account has also been taken of the
experience gained by Member States as regards the application of Community
legislation for the operation of poultry establishments approved for intra-
Community trade and it is proposed to clarify certain of the requirements for
such establishments.
By adopting Community measures for the control of avian influenza by council
Directive 92/40/EEC and for the control of Newcastle disease by Council
Directive 92/66/EEC a basis has been established for a unified standard with
relation to animal health;  this situation has been taken into account in the
proposed amendments.
 ---pagebreak---                                 --10--
                  Report from the Commission to the council on
                 the risks of transmission of Newcastle disease
     in accordance with Article 3 of Directive 91/494/EEC on animal health
        conditions governing intra-Community trade in and imports from
                      third countries of fresh poultrymeat.
I.  Introduction
    The council adopted in 1990 the Directive 90/539/EEC on animal health
    conditions governing intra-Community trade in, and imports from third
    countries of, poultry and hatching eggs(^) and in 1991 the Directive
    91/494/EEC on animal health conditions governing intra-Community trade in
    and imports from third countries of fresh poultry meat(2). The two
    Directives contain special provisions as regards Newcastle disease, when
    consignments of poultry, hatching eggs or poultry meat are sent from
    Member States or regions of Member States which vaccinate the poultry
    against Newcastle disease to Member states or regions of Member states
    which have been recognised not to apply vaccination. In accordance with
    the provisions of Article 3A.1. of Directive 91/494/EEC trade rules to be
    applied for fresh poultry meat after after 1 January 1993 shall be
    proposed by the commission and the proposal shall be based on a report on
    the risks of transmission of Newcastle disease.
    In the light of the request made by the Council the Commission has invited
    the Scientific Veterinary Committee:
    - to «review the relative risks of introducing Newcastle disease into a
      susceptible poultry population and deliver an opinion on the risks of
      transmission of Newcastle disease
(1)   OJ No L, 303, 31.10.1990, p. 6
(2)   OJ No L, 268, 24.09.1991, p. 35
 ---pagebreak---                                      - 2 -
    - to recommend vaccines to be used for vaccination of poultry against
      Newcatle disease
    - to recommend a Newcastle disease vaccination programme
    The Scientific Veterinary Committee established a subgroup to perform the
    requested study. The findings of the subgroup were reported to the
    scientific Veterinary Committee and adopted unanimously by the Committee.
    This report has taken into account the opinion given by the scientific
    Veterinary Committee.
II The risks of transmission of Newcastle disease
   The risks of transmission of Newcastle Disease has been assessed as
   follows :
1. Introduction of Newcastle disease to a country
   Source of infection                       Risk of spread
a) Captive caged birds               high risk
b) wild birds                        medium risk to poultry on migratory
                                     routes
c) Pigeons                           currently represent a high risk if they
                                     have access to food, poultry houses or if
                                     poultry are reared on open range.
d) Live poultry & hatching
   eggs •                            Live poultry represent a variable risk
                                     (low to high), which depends on the
                                     degree of control at origin and during
                                     transport. Low for intracommunity trade
                                     if control measures fully implemented and
                                     adhered to.
                                     Hatching eggs represent a low risk if
                                     correctly fumigated.
 ---pagebreak---                                   - 3 -
e) Food                      Variable risk (low to high), dependent on
                             country of origin of food ingredients, type of
                             storage and treatment, especially heat
                             treatment.
f) Poultry meat              Variable risk (low to high), which depends on
                             the degree of control at origin and during
                             transport. Low for intracommunity trade if
                             control measures fully implemented and adhered
                             to.
g) Table eggs 6 eggs
   products                  Low risk
h) Other poultry products    Risk will depend on country of origin and
                             treatment. High risk if imported from
                             countries where Newcastle disease is endemic
                             Low risk from Member States if community
                             control measures are enforced.
i) Fertilizers incorporating Should be regarded as high risk unless
   poultry manure            adequately treated.
j) People                    Medium risk, can be reduced by good
                             biosecurity measures at farm level.
k) Scavenging animals        Low risk
1) Reptiles                  Low risk
m) Airborne spread           Very low risk, unless poultry flocks.are
                             situated close to a border with countries
                             where Newcastle disease is enzootic.
n) Drinking water            Low risk
o) Fomites                   Normally low risk, however, could be high risk
                             from contaminated trains and trucks travelling
                             across borders from countries where Newcastle
                             disease is enzootic.
 ---pagebreak---                                     - 4 -
p) Vaccines                    Low risk if vaccines used comply with proposed
                               Community regulations.
2. Spread after initial outbreaks occurs
a) Captive caged birds         Very low risk
b) Wild birds                  Significant risk, theoretically, in practice
                               there is little evidence. Any risk can be
                               eliminated by bird proofing of poultry houses
                               There is a  greater risk to free range birds.
c) Pigeons                     currently, a major risk.
d) Live poultry & hatching
   eggs                        Live poultry represent a very high risk.
                               Hatching eggs a medium risk if proper
                               fumigation not carried out.
e) Food                        High risk if contamination by feral birds
                               possible. Reuse of food from infected premises
                               also represents a high risk.
f) Poultry meat                Low risk
g) Table eggs and egg
   products                    Low risk
h) Other•products              Low risk if processing carried out in
                               accordance with the provisions of Council
                               Directive 90/667/EEC which harmonises the
                               arrangements for the processing and disposal
                               of animal waste.
i) Fertilisers incorporating   Extremely high risk
   poultry manure
 ---pagebreak---                                        - 5 -
 j)  People                       Following an outbreak unrestrained movement of
                                  people (regardless of function or status)
                                  represents an extremely high risk of
                                 mechanical spread of the virus.
 k)  scavenging animals          Medium risk
 1)  Reptiles                    Low risk, but should not be ignored where such
                                 animals are common pests in poultry houses
m)   Airborne spread             High risk but dependent on many factors such
                                 as concentration of poultry flocks, weather,
                                 virus strain, etc.
n)   Drinking water              High risk if source is from surface water and
                                 used untreated.
o)   Vaccines                    Low risk if vaccines used comply with
                                 Community legislation.
p)   Fomites                     Movement of fomites from infected premises
                                 without stringent disinfection represents an
                                 extremely high risk.
q)   Insects                     Low risk of spread via insects with the
                                 exception of areas of dense poultry
                                 populations where insect pests are a serious
                                 problem.
III.   Vaccination against Newcastle disease
It is considered that while vaccination remains a policy in the Community a
medium-term aim should be to produce a vaccine which would enable easy
distinction between the antibody response to vaccine and field viruses.   For
example, work is currently underway in several laboratories aimed at producing
vector vaccines able to express the F protein of Newcastle disease virus.
Such vaccines should mean that serology could be used to detect infections
with field viruses and enable monitoring of poultry.
Until such vaccines are available the following recommendations can be given
as regards the use of vaccines against Newcastle disease:
 ---pagebreak---                                        - 6 -
 1. Newcastle disease vaccines
     Live vaccines:
     No live vaccine should have an Intracerebral pathogenicity index (ICPI) in
     day old chicks   >0.4.
     A single bird vaccine dose should be a minimum of 10 6 EID 5 0 of virus
     for drinking water or eye drop administration.
     Inactivated vaccines;
     No inactivated vaccine should be derived from a virus with an
     Intracerebral pathogenicity index in day old chicks >0.7, normally there
     would seem no reason to use viruses with an intracerebral pathogenicity
     index >0.4.   If the situation arises where it can be clearly demonstrated
     that viruses having an intracerebral pathogenicity index less than 0.7 are
     not available for giving good protection, the homologous virus may be used
     for an inactivated vaccine.
     A single bird dose of inactivated vaccine should contain not less than 50
     PD50.
2.   Vaccination programmes
     At this stage it is not possible to recommend one single vaccination
     programme.   In general programmes used shall conform with those tested and
     recommended by the manufacturers.   Certain observations however can be
    made about time and method cf application of vaccines, but circumstances
     at country, area or farm level may be contra-indicative.   For example, it
     is recognised that a better immune response is obtained by administering
     live vaccine by spray rather than in drinking water, but clearly the
    advene.acje of using this route would be outweighted by the ensuing adverse
    reaction if Mycoplasma or other respiratory pathogens are present-
 ---pagebreak---                                         - 7 -
     Emergency vaccination (Ring vaccination)
     When a decision has been made to ring vaccinate, it is essential that the
     first vaccination is done by spray, preferably with the vaccine re-
     suspended in deionised water,    subsequent re-vaccinations should be done
     at the discretion of the National Authorities in consultation with the
     Commission.
     Vaccination of racing pigeons
     There should be no distinction between racing pigeons and poultry for
     classical virulent Newcastle disease.    Further, it is considered difficult
     to see why the variant Newcastle disease virus which had been causing
     infections of racing pigeon in Europe since 1981 has been treated
     differently when infecting poultry than when infecting pigeons.    Different
     types of inactivated vaccines are available for use in pigeons;    since
     good protection can be obtained against the variant virus using
     inactivated vaccines derived from Newcastle disease viruses with
     Intracerebral pathogenicity index    values <0.7, there is no case for the
    use of homologous inactivated vaccines.
    It appears imperative that an effort is made to eradicate the disease from
    the racing pigeon population.    While realising the difficulties involved
    in enforcing control measures in these birds, the following
    recommendations can be given:
    - a policy of compulsory vaccination of racing and show pigeons with an
       inactivated vaccine should be enforced;
    - all birds in a loft should be slaughtered when Newcastle disease virus
       of «intracerebral pathogenicity index >0.7 is isolated from a bird which
       has been present in that loft.
    - no racing pigeons should be able to start in a race unless accompanied
       by a vaccination certificate.
IV. conclusions and proposed measures
    The provisions of Directive 90/539/EEC and of Directive 91/494/EEC have
    been requested to be reviewed before 31 December 1992 in connection with
    submission of proposals for completing the internal market. During thi.v
    review special attention has been given to:
 ---pagebreak---                                      - 8 -  ---;> -
    - the opinion delivered by the Scientific Veterinary Committee as regards
      the risks of transmission of Newcastle disease
    - the national measures on disease surveillance and operation of
      establishment approved for intra-Community trade as outined in plans
      presented by Member states and adopted by the commission during 1992
    - Community measures adopted by Council Directive 92/40/EEC introducing
      community measures for the control of Avian Influenzal1) and Council
      Directive 92/66/EEC introducing Community measures for the control of
      Newcastle disease(2).
    The review has lead to the submission of the following proposals annexed
    to this report:
      a) Draft proposal for a Council Directive amending Directive 90/539/EEC
         on animal health conditions governing intra-Community trade in, and
         imports from third countries of, poultry and hatching eggs.
      b) Draft proposal for a Council Directive amending Directive 91/494/EEC
         on animal health conditions governing intra-Community trade in and
         imports from third countries of fresh poultry meat.
(1)  OJ No L 167, 22.06.1992, p. 1
(2)  OJ No L 260, 05.09.1992, p. 1
 ---pagebreak---                                      - 10 -
                      Proposal for a council Directive
      amending Directive 90/539/EEC on animal health conditions
 governing intra-Community trade in and imports from third countries
           .. _      of poultry and hatching eggs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the European Economic Community, and
 in particular Article 43 thereof,
Having regard to the proposal from the Commission I 1 ),
Having regard to the opinion of the European Parliament<2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas in the light of developments in the poultry industry with larger and
more intensive units there is a need to adjust certain aspects of Directive
90/539/EEC on animal health conditions governing intra-Community trade and
imports from third countries of poultry and hatching eggs(4) to clarify
requirements and to simplify its application by Member states;
Whereas the Council has adopted Directive 92/66/EEC on the control of
Newcastle disease^5) and Directive 92/40/EEC on the control of Avian
influenza^6) thus allowing a simplification of Directive 90/539/EEC;
whereas taking account of the report from the Commission to the Council on the
risks of transmission of Newcastle disease and the requirements to be met by
Newcastle disease vaccines, provision should be made for Member States or
regions to be approved as Newcastle disease non-vaccinating if appropriate.
However, provision should also be made for this Newcastle disease non-
vaccinating status to be withdrawn if necessary;
(1)    o*J. L
(2)    o.J. L
(3)    o«J.. L
<4»    0*J« L 303, 31.0*.1990, p. 6
<5J    O.J_ L 260, 05.0».1992, p.I
(6>    0»J„ L 167, 22.06,1992. p. I
 ---pagebreak---                                       - 11 -
Whereas it is necessary to amend the trading rules as applied to third
countries to ensure they are equivalent to those applied in Member States
particularly as regards Newcastle disease and Avian influenza;
HAS ADOPTED THIS DIRECTIVE
                                    Article 1
Directive 90/539/EEC is hereby amended as follows:
1.  At Article 2, 3. is replaced by the following: N 3. 'day-old chicks' shall
    mean all poultry less than 72 hours old, not yet fed; however Muscovy
    ducks (Cairina moschata) or their crosses may be fed;"
2.  At Article 2, 7. is replaced by the following: "7. 'flock' shall mean all
    poultry of the same sanitary status kept on the same premises or in the
    same enclosure and constituting a single epidemiological unit.    in housed
    poultry this will include all birds sharing the same airspace."
3.  At Article 2.9, (c) is replaced by the following:
    "(c) rearing establishment is either:
      (i) a breeding poultry rearing establishment which is an establishment
          that 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."
4.  Article 2. Point 15 is deleted.
5.  Article 5 is replaced by the following:
         •                         "Article 5
    In order to be traded in the community :
    (a)   hatching eggs, day-old chicks, breeding poultry and productive
          poultry must satisfy the conditions laid down in Articles 6, 12, 15
          and 17. They must also satisfy any conditions laid down pursuant to
          Articles 13 and 14.
 ---pagebreak---                                     - 12 -
        In addition:
        -   Hatching eggs must satisfy the conditions in Article 7.
        -   Day-old chicks must satisfy the conditions laid down in Article 8.
           Breeding poultry and productive poultry must satisfy the
           conditions laid down in Article 9.
    (b) slaughter poultry must fulfil the conditions set out in Articles 10,
        12, 15 and 17 and those laid down pursuant to Articles 13 and 14."
    (c) poultry (including day-old-chicks and hatching eggs) intended for
        restocking supplies of game must fulfil the conditions set out in
        Articles 10A, 12, 15 and 17 and those laid down pursuant to
        Articles 13 and 14."
6. At Article 6.1, (c) is replaced by the following:
   "(c) 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 the poultry
   in question are susceptible."
7. At Article 6, 2. is replaced by the following:
   "2. a flock which at the time of consignment presents no clinical sign or
   suspicion of contagious poultry disease."
8. Article 7 is replaced by the following:
                                  "Article 7
   At the time of consignment from the flock, hatching eggs must
   (1)  Come from flocks which:
           have been held for more than six weeks in one or more Community
           establishments as defined in Article 6(1)(a),
        -  if vaccinated, have been vaccinated in accordance with the
           vaccination conditions in Annex III,
        -  either have undergone an animal health examination carried out by
           an official veterinarian or an authorized veterinarian during the
           72 hrs. preceding consignment and, at the time of the examination,
           have shown no clinical sign or suspicion of contagious disease
           or
 ---pagebreak---                                      - 13 -
            have 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 must 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 the case where records or other information give
            rise to suspicion of disease, the flocks must have had an animal
            health examination by the official veterinarian or authorised
            veterinarian that has ruled out the possibility of contagious
            poultry disease.
     (2) be marked in accordance with Commission Regulation (EEC) No. 1868/77;
     (3) Before consignment to another Member State hatching eggs must have
         been disinfected in accordance with the instructions of the official
         veterinarian;
     (4) In addition, if contagious poultry diseases which may be transmitted
         through eggs develops in the flock which supplied the hatching eggs
         during the period of their incubation, the hatchery involved and the
         competent authoritie(s) responsible for the hatchery and the flock of
         origin should be notified."
9.  At Article 8, (b) is replaced by the following:
    "(b) satisfy the vaccination conditions in Annex III, if they have been
         vaccinated."
10. At Article 9, (b) is replaced by the following:
    "(b) satisfy the vaccination conditions in Annex III, if they have been
         vaccinated."
11. At Article 9, (c) is replaced by the following:
    "(c) have been submitted to a health examination by an official or
    authorized 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."
 ---pagebreak---                                      - 14 -
12. At Article 10, (c) is replaced by the following:
     "(c) where the health examination carried out by the official or
     authorized 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."
13. At Article 10, (d) is replaced by the following:
     "(d) 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 the poultry in question
          are susceptible."
14. After Article 10 a new Article 10A is added as follows :
    "Article 10A
    At the time of the consignment, poultry intended for restocking supplies
    of game must 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;
    (c)   where the health examination carried out by the official or
          authorized 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)   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 the poultry in question are
          susceptible."
15. At Article 11.2. the third indent is replaced with the following:
    "- satisfy the vaccination conditions in Annex III if they have been
    vaccinated;"
 ---pagebreak---                                       - 15 -
16. At Article 11.2. the filth indent is replaced with the following:
        "- 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 the poultry
        in question are susceptible."
17. Article 11.2. last indent is deleted.
18. At Article 11 a new point 3. is added as follows :
     "3. All birds in the consignment must have been found negative in
    serological tests for Salmonella pullorum et gallinarum antibodies, in
    accordance with Annex II, Chapter III.   In the case of hatching eggs or
    day-old chicks, the flock of origin should be tested serologically for
    Salmonella pullorum et gallinarum at a level which gives 95% confidence of
    detecting infection at 5% prevalence.
19. At Article 12, 2 and 3 are replaced by the following:
    2. If a Member State or region(s) of a Member state wish to be established
    as Newcastle disease non-vaccinating they can present a programme as
    detailed in Article 13.1.
    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 13.1, in accordance with the procedure laid down in
    Article 32.   Any additional guarantees, general or specific, which may be
    required in intra-Community trade may be defined in accordance with the
    same procedure.
    Once 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 laid down in Article 32.
    The elements to be taken into account for determination of an area's
    status as Newcastle disease non-vaccinating shall be the data referred to
    in Article 14(1) and, in particular, the following criteria:
        - vaccination against Newcastle disease in the poultry referred to in
          Article 1 shall not have been authorized for at least the preceding
          12 months,
 ---pagebreak---                                      - 16 -
       - breeding flocks shall have been serologically monitored at least once
          a year for the presence of Newcastle disease according to the
          detailed rules adopted pursuant to the procedure laid down in
         Article 32,
       - the holdings shall contain no poultry which have been vaccinated
          against Newcastle disease in the previous 12 months.
    3. The Commission may suspend Newcastle disease non-vaccinating status in
       accordance with the procedure laid down in Article 32 in the event of:
       either
       (i) a serious epizootic of Newcastle disease which is not being
             brought under control,
       or
       (ii) the removal of the legislative restrictions prohibiting the
             routine use of Newcastle disease vaccinations.
    4. The conditions referred to in paragraph 1 will be reviewed before
       legislation harmonizing the use of Newcastle Disease vaccines enters
       into force.
20. At Article 15, 1. is replaced by the following:
    "Day-old chicks and hatching eggs must be transported in either:
    -  unused purpose designed disposable containers to be used only once and
       then destroyed
    or
       containers which may be reused provided they are cleaned and
       disinfected beforehand.
    In any event containers must:
    (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:
             the name of the Member State and region of origin.
         -   the establishment of origin's approval number as provided for in
             Annex II, chapter 1(2),
             the number of chicks or eggs in each box."
 ---pagebreak---                                      - 17
21. In Article 15.3, the third indent is deleted.
22. In Article 15.4, a new point (c) is added:
    "(c) poultry intended for restocking supplies of game must 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."
23. In Article 17 the last indent is replaced by:
    "- bears a stamp and a signature of a colour different from that of the
    certificate."
24. Article 19 is deleted.
25. Article 22 is replaced by the following:
    "Article 22
    1. Poultry and hatching eggs must come from third countries :
       a)    in which avian influenza and Newcastle disease, as defined in
             Council Directives 92/40/EEC 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 of
             Directives 92/40/EEC and 92/66/EEC respectively.
    2. The general criteria for classifying third countries in respect to
       paragraph l,b) shall be adopted in accordance with the procedure laid
       down in Article 32.
    3. The Commission may, in accordance with the procedure laid down in
       Article 32, decide under which conditions the provisions of paragraph 1
       may apply to only a part of the territory of third countries.
       Following the same procedure, it may decide in which particular cases
       and under which conditions the Member States can authorize derogations
       to the general principles laid down in paragraph 1.
 ---pagebreak---      4. Third countries or parts thereof which are free from avian influenza or
        Newcastle disease, shall be considered not to loose this status if a
        limited number of outbreaks which are epidemiologically linked together
        appear in a well defined area, provided that:
        - these outbreaks can be eradicated within 3 months and
        - live poultry, hatching eggs or fresh poultry meat cannot leave this
          area except for processing or destruction.
        The commission can, in accordance with the procedure laid down in
        Article 32, impose additional conditions on imports of live poultry and
        hatching eggs from such countries or parts thereof."
26. In Article 24, (h) is replaced with:
    "(h) bear a stamp and a signature of a colour different from that of the
    certificate".
27. In Article 32.4, the words "Save where the Council has decided against the
    said measures by a simple majority", are deleted.
28. In Article 33.4, the words "Save where the Council has decided against the
    said measures by a simple majority", are deleted.
29. Article 35 is deleted.
30. In Annex II the national reference laboratory for Denmark is changed to
    the following:
    "National Veterinary Laboratory
      Poultry Disease Division
      Hangevej 2
      DK-8200 Aarhus N.
31. in Annex IV Model 5, 14, (a) is replaced by :
    "(a) The birds described above comply with the provisions of Articles 10
          and 15 of Council Directive 90/539/EEC."
32. In Annex IV Model 6, 14, (a) is replaced by :
    "(a) The birds described above apply with the provisions of Article 10A
          and 15 of Directive 90/539/EEC-
 ---pagebreak---                                      - 19 -
                                   Article 2
1.  Member States shall bring into force the laws, regulations and
    administrative provisions necessary to comply with this Directive not
    later than 31 December 1993. They shall forthwith inform the Commission
    thereof.
    When Member States adopt these measures they shall contain a reference to
    this Directive or shall be accompanied by such reference on the occasion
    of their official publication.   The methods of making such a reference
    shall be laid down by the Member States.
2.  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 3
This Directive is addressed to the Member states.
 ---pagebreak---                             Proposal for a Council Directive
            amending Directive 91/494/EEC on animal health conditions
       governing intra-Community trade in and imports from third countries
                              of fresh poultry meat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic community, and
in particular Article 43 thereof.
Having regard to the proposal from the Commission^ 1 ),
Having regard to the opinion of the European Parliament < 2 ) ,
Having regard to the opinion of the Economic and Social committee(3'),
whereas Article 3A1 of Council Directive 91/494/EEC of 26 June 1991 on animal
health conditions governing intra-Community trade in, and imports from third
countries of fresh poultry meat(4), lays down the rules for Newcastle disease
vaccination for flocks of origin of poultry meat destined for Member States or
regions of Member States the status of which has been recognized in accordance
with Article 12(2) of Council Directive 90/539/EEC of 15 October 1990 on
animal health conditions governing intra-Community trade and imports from
third countries of poultry and hatching eggs(^);
Whereas it is necessary to lay down the Newcastle disease vaccination rules to
be applied from 1 January 1993 regarding the trade of fresh poultrymeat into
Member States or regions of Member states the status of which has been
recognised in accordance with Article 12.2 of Council Directive 9 0/539/EEC;
(1)   O.J
(2)   O.J
(3)   o.J....
(4)   O.J. L 268, 24.09.1991, p. 35
(5)   O.J. L 303, 31.10.1990, p. 6
 ---pagebreak---                                                                 - 32 -
Whereas tbe rules to be adopted fro» 1 January 1993 should take into account
the report on the risks of t r a n s m i s s i o n of N e w c a s t l e disease transmitted                       from
the Commission t o the C o u n c i l ;
W h e r e a s t h e C o u n c i l h a s adopted D i r e c t i v e 92/66/EEC on the C o n t r o l of
N e w c a s t l e D i s e a s e * 6 ) and Directive 92/40/EEC on the C o n t r o l of A v i a n
I n f l u e n z a * 7 ) thus allowing a simplification of D i r e c t i v e 9 1 / 4 9 4 / E E C ;
W h e r e a s it is d e s i r a b l e t o a l l o w an a l t e r n a t i v e to the use of the special m a r k
defined in A r t i c l e 5 of C o u n c i l D i r e c t i v e 9 1 / 4 9 4 / E E C ;
W h e r e a s it is necessary to amend the trading rules as a p p l i e d to third
c o u n t r i e s to ensure they are equivalent to those applied to Member states
p a r t i c u l a r l y as r e g a r d s N e w c a s t l e d i s e a s e and A v i a n i n f l u e n z a ;
HAS A D O P T E D THIS D I R E C T I V E
                                                             Article 1
D i r e c t i v e 91/494/EEC is hereby amended as f o l l o w s :
1.        In A r t i c l e 3A, 1 is r e p l a c e d w i t h t h e following:
          " 1 . It has been held in Community territory since hatching or has been
                  imported from third countries in accordance w i t h the requirements of
                  Chapter III of D i r e c t i v e 9 0 / 5 3 9 / E E C .
                  P o u l t r y m e a t intended for Member States or r e g i o n s of Member States
                  the status of w h i c h has been r e c o g n i z e d in a c c o r d a n c e w i t h
                  A r t i c l e 12.2 of t h a t Directive m u s t c o m e from p o u l t r y w h i c h has not
                 •been v a c c i n a t e d a g a i n s t N e w c a s t l e disease using an a t t e n u a t e d live
                  v a c c i n e during the 30 days p r e c e d i n g s l a u g h t e r .
                 Thir rule shall be r e v i e w e d before Community l e g i s l a t i o n harmonising
                 t h e use of N e w c a s t l e disease v a c c i n e e n t e r s into f o r c e . "
                              L. 2i,ii,  0 S . 0 y . 1 .' î 2 f p. I
                              "   \ r, 7  2 2 Qs-- * ^ -, ->   ; -,
 ---pagebreak---                                      - 23 -
2.  In Article 3A,2 - the 2nd indent is replaced with the following:
    "- which is not located in an area which for animal health reasons is
         subject to restrictive measures involving controls on poultry meat in
         accordance with Community legislation as a result of the outbreak of
         disease to which the poultry in question are susceptible."
3. A new point 3 is added to Article 5:
    "3. However, at the request of a Member state, accompanied by appropriate
         justification and in accordance with the procedure laid down in
        Article 17, specific solutions may be adopted, in particular with
        respect to the marking of the meat referred to in paragraph 1, and
         its subsequent use, and the destination of the processed products."
4. Article 10 is replaced by the following:
   "Article 10
   1. Fresh poultrymeat must come from countries:
        a) in which avian influenza and Newcastle disease, as defined in
            Council Directives 92/40/EEC and 92/66/EEC respectively, are
            legally notifiable diseases,
        b) which are 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 of
            Directives 92/40/EEC and 92/66/EEC respectively.
   2.   The general criteria for classifying third countries in respect ot
        paragraph 1, b) shall be adopted in accordance with the procedure
        laid down in Article 17.
   3. The commission may, in accordance with the procedure laid down in
        Article 17, decide under which conditions the provisions of paragraph
        1 may apply to only a part of the territory of third countries.
   4.   Third countries of parts thereof which are free from avian influenza
        or Newcastle disease, shall be considered not to loose this status if
        a limited number of outbreaks which are epidemiologically linked
       together appear in a well defined area, provided that:
 ---pagebreak---                                - 24 -
       these outbreaks can be eradicated within 3 months and
       live poultry, hatching eggs or fresh poultry meat cannot leave
       this area except for processing or destruction.
   If necessary, the Commission can, in accordance with the procedure
   laid down in Article 17, impose additional conditions on imports of
   live poultry and hatching eggs from such countries or parts thereof."
5. Article 17 is replaced by the following :
    "1. where the procedure laid down in this Article is to be followed,
   the chairman shall refer the matter forthwith to the Standing
   Veterinary committee either on his own initiative or at the request
   of the representative of a Member State.
   2. The representative of the Commission shall submit to the Committee
   a draft of the measures to be taken.   The Committee shall deliver its
   opinion on the draft within a time limit which the chairman may lay
   down according to the urgency of the matter.   The opinion shall be
   delivered by the majority laid down in Article 148(2) of the Treaty
   in the case of decisions which the Council is required to adopt on a
   proposal from the Commission.   The votes of the representatives of
   the Member States within the Committee shall be weighted in the
   manner set out in that Article.   The chairman shall not vote.
   3. The Commission shall adopt the measures envisaged if they are in
   accordance with the opinion of the Committee.
   4. If the measures envisaged are not in accordance with the opinion
   of the Committee, or if no opinion is delivered, the Commission
   shall, without delay, submit to the Council a proposal relating to
   the measures to be taken.   The Council shall act by a qualified
   majority.
   If, within three months of the date of referral to the Council, the
   Council has not acted, the proposed measures shall be adopted by the
   Commission."
 ---pagebreak---                                     - 25 -
    6.   Article 18 is replaced by the following :
       "1. Where the procedure laid down in this Article is to be followed,
      the chairman shall refer the matter forthwith to the Standing
      Veterinary Committee either on his initiative or at the request of the
      representation of a Member state.
      2.   The representative of the Commission shall submit to the Committee
      a draft of the measures to be taken. The Committee shall deliver its
      opinion on the draft within two days.   The opinion shall be delivered
      by the majority laid down in Article 148(2) of the Treaty in the case
      of decisions which the Council is required to adopt on a proposal from
      the Commission.   The votes of the representatives of the Member states
      within the Committee shall be weighted in the manner set out in that
      Article.   The chairman shall not vote.
      3. The Commission shall adopt the measures envisaged if they are in
      accordance with the opinion of the Committee.
      4.   If the measures envisaged are not in accordance with the opinion of
      the Committee, or if no opinion is delivered, the Commission shall
      without delay submit to the Council a proposal relating to the measures
      to be taken. The Council shall act by a qualified majority.
      If, within 15 days of the date of referral to the Council, the Council
      has not acted, the proposed measures shall be adopted by the
      Commission."
                                  Article 2
1. Member states shall bring into force the laws, regulations and
   administrative provisions necessary to comply with this Directive not
   later than 31 December 1993. They shall forthwith inform the Commission
   thereof.
 ---pagebreak---                                      - 26 -
     When Member States adopt these measures they shall contain a reference to
     this Directive or shall be accompanied by such reference on the occasion
     of their official publication. The methods of making such a reference
     shall be laid down by the Member states.
2.   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 3
This Directive is addressed to the Member States.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (93) 96 final
                                                      DOCUMENTS
EN                                                                         io 03
                                 Catalogue number : CB-CO-93-116-EN-C
                                                             ISBN 92-77-53692-6
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