Article 1 
Without prejudice to the Community provisions governing intra-Community trade, this Directive defines the Community control measures to be applied in the event of an outbreak of Newcastle disease in: (a) poultry; (b) racing pigeons and other birds kept in captivity. This Directive shall not apply where Newcastle disease is detected in wild birds living freely; however, in that case, the Member State concerned shall inform the Commission of any measure it takes.
Article 2 
For the purpose of this Directive, the definitions given in Article 2 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 ( 5 ) shall apply as appropriate. The following definitions shall also apply: (a) ‘infected poultry’ means any poultry: — in which the presence of Newcastle disease has been officially confirmed following an examination by an approved laboratory, or — in the case of second and subsequent outbreaks in which clinical symptoms or post-mortem lesions consistent with Newcastle disease are present; (a) ‘infected poultry’ means any poultry: — in which the presence of Newcastle disease has been officially confirmed following an examination by an approved laboratory, or — in the case of second and subsequent outbreaks in which clinical symptoms or post-mortem lesions consistent with Newcastle disease are present; (b) ‘poultry suspected of being infected’ means any poultry showing clinical signs or post-mortem lesions which are such that the presence of Newcastle disease may reasonably be suspected; (c) ‘poultry suspected of being contaminated’ means any poultry which may have been directly or indirectly exposed to the Newcastle-disease virus; (d) ‘swill’ means waste from kitchens, restaurants or, where appropriate, from industries using meat; (e) ‘competent authority’ means the competent authority within the meaning of Article 2 (6) of Directive 90/425/EEC ( 6 ); (f) ‘official veterinarian’ means the veterinarian designated by the competent authority; (g) ‘racing pigeon’ means any pigeon transported or intended for transport from its pigeon house to be released so that it may freely fly back to its pigeon house or to any other destination; (h) ‘pigeon house’ means any installation used for keeping or breeding racing pigeons.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 2 ):
For the purpose of this Directive, the definitions given in Article 2 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 ( 1 ) shall apply as appropriate. The following definitions shall also apply: (a) ‘infected poultry’ means any poultry: — in which the presence of Newcastle disease has been officially confirmed following an examination by an approved laboratory, or — in the case of second and subsequent outbreaks in which clinical symptoms or post-mortem lesions consistent with Newcastle disease are present; (b) ‘poultry suspected of being infected’ means any poultry showing clinical signs or post-mortem lesions which are such that the presence of Newcastle disease may reasonably be suspected; (c) ‘poultry suspected of being contaminated’ means any poultry which may have been directly or indirectly exposed to the Newcastle-disease virus; (d) ‘swill’ means waste from kitchens, restaurants or, where appropriate, from industries using meat; (e) ‘competent authority’ means the competent authority within the meaning of Article 2 (6) of Directive 90/425/EEC ( 2 ); (f) ‘official veterinarian’ means the veterinarian designated by the competent authority; (g) ‘racing pigeon’ means any pigeon transported or intended for transport from its pigeon house to be released so that it may freely fly back to its pigeon house or to any other destination; (h) ‘pigeon house’ means any installation used for keeping or breeding racing pigeons.
Article 3 
Member States shall ensure that there is compulsory and immediate notification of the suspected presence of Newcastle disease to the competent authority.
Article 4 
1. When poultry in a holding are suspected of being infected or contaminated with Newcastle disease, Member States shall ensure that the official veterinarian immediately activates official investigation arrangements to confirm or rule out the presence of the disease and, in particular, must take or have taken the samples necessary for laboratory examination. 2. As soon as the suspected infection is notified, the competent authority shall have the holding placed under official surveillance and shall in particular require that: (a) a record be made of all categories of poultry on the holding showing in respect of each of the categories the numbers of poultry which have died, which show clinical signs, and which show no signs. The record shall be kept up-to-date to include birds born or dying during the period in which there is a suspicion. The data in the record shall be kept up-to-date and be produced on request, and may be checked at each visit; (b) all poultry on the holding are kept in their living quarters or confined in some other place where they can be isolated and without contact with other poultry; (c) no poultry enter or leave the holding; (d) all movement — of persons, other animals and vehicles to or from the holding, — of poultry meat or carcasses, or of animal feed, implements, waste, droppings, manure litter or anything liable to transmit Newcastle disease be subject to authorization by the competent authority; (d) all movement — of persons, other animals and vehicles to or from the holding, — of poultry meat or carcasses, or of animal feed, implements, waste, droppings, manure litter or anything liable to transmit Newcastle disease be subject to authorization by the competent authority; (e) no eggs shall leave the holding with the exception of eggs sent directly to an establishment approved for the manufacture and/or processing of egg products under Article 6 (1) of Directive 89/437/EEC ( 7 ), and transported under an authorization which has been granted by the competent authority. Such authorization must meet the requirements laid down in Annex 1; (f) appropriate means of disinfection be installed at the entrances and exits of buildings housing poultry and of the holding itself; (g) an epizootiological inquiry be carried out in accordance with Article 7. 3. Until such time as the official measures laid down in paragraph 2 are enforced, the owner or keeper of any poultry in which disease is suspected shall take all reasonable action to ensure compliance with paragraph 2, except for (g) thereof. 4. The competent authority may apply any of the measures provided for in paragraph 2 to other holdings should their location, their configuration or contacts with the holding where the disease is suspected give reason to suspect possible contamination. 5. The measures referred to in paragraphs 1 and 2 shall not be withdrawn until the suspicion of Newcastle disease has been ruled out by the official veterinarian.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 4 ):
1. When poultry in a holding are suspected of being infected or contaminated with Newcastle disease, Member States shall ensure that the official veterinarian immediately activates official investigation arrangements to confirm or rule out the presence of the disease and, in particular, must take or have taken the samples necessary for laboratory examination. 2. As soon as the suspected infection is notified, the competent authority shall have the holding placed under official surveillance and shall in particular require that: (a) a record be made of all categories of poultry on the holding showing in respect of each of the categories the numbers of poultry which have died, which show clinical signs, and which show no signs. The record shall be kept up-to-date to include birds born or dying during the period in which there is a suspicion. The data in the record shall be kept up-to-date and be produced on request, and may be checked at each visit; (b) all poultry on the holding are kept in their living quarters or confined in some other place where they can be isolated and without contact with other poultry; (c) no poultry enter or leave the holding; (d) all movement — of persons, other animals and vehicles to or from the holding, — of poultry meat or carcasses, or of animal feed, implements, waste, droppings, manure litter or anything liable to transmit Newcastle disease be subject to authorization by the competent authority; (e) no eggs shall leave the holding with the exception of eggs sent directly to an establishment approved for the manufacture and/or processing of egg products under Article 6 (1) of Directive 89/437/EEC ( 3 ), and transported under an authorization which has been granted by the competent authority. Such authorization must meet the requirements laid down in Annex 1; (f) appropriate means of disinfection be installed at the entrances and exits of buildings housing poultry and of the holding itself; (g) an epizootiological inquiry be carried out in accordance with Article 7. 3. Until such time as the official measures laid down in paragraph 2 are enforced, the owner or keeper of any poultry in which disease is suspected shall take all reasonable action to ensure compliance with paragraph 2, except for (g) thereof. 4. The competent authority may apply any of the measures provided for in paragraph 2 to other holdings should their location, their configuration or contacts with the holding where the disease is suspected give reason to suspect possible contamination. 5. The measures referred to in paragraphs 1 and 2 shall not be withdrawn until the suspicion of Newcastle disease has been ruled out by the official veterinarian.
Article 5 
1. Once the presence of Newcastle disease in poultry has been officially confirmed on a holding, the Member States shall ensure that the competent authority requires, in addition to the measures listed in Article 4 (2), the following measures to be untertaken: (a) all poultry on the holding shall without delay be killed on the spot. The poultry which have died or been killed and all eggs shall be destroyed. These operations shall be carried out in a way which minimizes the risk of spreading disease; (b) any substance or waste, such as animal feed, litter or manures liable to be contaminated, shall be destroyed or treated appropriately. This treatment, carried out in accordance with the instructions of the official veterinarian, shall ensure the destruction of any Newcastle-disease virus present; (c) where poultry from the holding have been slaughtered during the presumed incubation period of disease the meat from those poultry shall wherever possible be traced and destroyed; (d) hatching eggs laid during the presumed incubation period which have been moved from the holding shall be traced and destroyed; but poultry which have already hatched from the eggs shall be placed under official surveillance; table eggs laid during the presumed incubation period which have been moved from the holding shall wherever possible be traced and destroyed, unless they have previously been properly disinfected; (e) after carrying out operations listed under (a) and (b), the buildings used for housing poultry, their surroundings, the vehicles used for transport and all equipment likely to be contaminated shall be cleaned and disinfected in accordance with the provisions of Article 11; (f) no poultry shall be reintroduced to the holding until at least 21 days after completion of operations provided for under (e); (g) an epizootiological inquiry shall be carried out in accordance with Article 7. 2. The competent authority may extend the measures provided for in paragraph 1 to other neighbouring holdings should their location, their configuration, or contact with the holding where the disease has been confirmed give reason to suspect possible contamination. 3. Where a strain of Newcastle-disease virus with an ICPI (intracerebral pathogenicity index) greater than 0,7 and lower than 1,2 is isolated in a flock of poultry that presents no clinical signs of Newcastle disease and it has been demonstrated by the Community reference laboratory referred to in Article 15 that the virus isolate in question derives from an atenuated live Newcastle-disease vaccine, the competent authority may grant a derogation from the requirements under (a) to (f), of paragraph 1, provided that the holding concerned is placed under official surveillance for 30 days and must require in particular that: — the provisions of Article 4 (2) (a), (b), (d), (e) and (f) are applied, — no poultry may leave the holding except to be taken directly to a slaughterhouse designated by the competent authority. The competent authority responsible for this slaughterhouse must be informed of the intention to send poultry there for slaughter and as soon as the poultry arrive at the slaughterhouse they shall be kept and slaughtered separately from other poultry. 4. Fresh meat from the poultry referred to in paragraph (3) of this Article must carry the health mark provided for in Article 5 (1) of Directive 91/494/EEC. 5. The provisions laid down in paragraph 3 shall be subject to a review taking into account developments in scientific research with a view to adopting harmonized rules for the use of Newcastle-disease vaccines in the Community.
Article 6 
In the case of holdings which consist of two or more separate flocks, the competent authority may, in accordance with criteria set by the Commission under the procedure laid down in Article 25, grant a derogation from the requirements of Article 5 (1), for healthy flocks of a holding which is infected, provided that the official veterinarian has confirmed that the operations carried out there are such that the flocks are completely separate as regards housing, keeping and feeding, so that the virus cannot spread from one flock to another.
Article 7 
1. The epizootiological inquiry shall deal with: — the length of time during which Newcastle disease may have existed on the holding or in the pigeon house; — the possible origin of the Newcastle disease on the holding or in the pigeon house and the identification of other holdings or pigeon houses in which there are poultry, pigeons or other birds kept in captivity which may have become infected or contaminated from the same source; — the movement of persons, poultry, pigeons or other birds kept in captivity or other animals, vehicles, eggs, meat and carcases and any implement or substance likely to have carried Newcastle-disease virus to or from the holding or pigeon house in question. 2. In order to provide full coordination of all measures necessary to ensure eradication of Newcastle disease as quickly as possible and for the purpose of carrying out the epizootiological inquiry, a crisis unit shall be established. The general rules concerning national crisis units and Community crisis units will be laid down by the Council, acting by a qualified majority proposal from the Commission.
Article 8 
1. Where the official veterinarian has reason to suspect that poultry on any holding may have been contaminated as a result of the movement of persons, animals or vehicles or in any other way, that holdings shall be placed under official control in accordance with paragraph 2. 2. The purpose of the official control shall be to detect immediately any suspicion of Newcastle disease, count the poultry and monitor their movements and, where appropriate, to take the action provided for in paragraph 3. 3. When a holding is subject to official control under paragraphs 1 and 2, the competent authority shall prohibit removal of poultry from the holding other than for transport directly to a slaughterhouse under official supervision for the purpose of immediate slaughter. Before granting such authorization, the official veterinarian must have carried out a clinical examination of all the poultry to exclude presence of Newcastle disease on the holding. The movement restrictions referred to in this Article shall be imposed for a period of 21 days from the latest date of potential contamination; however, such restrictions must apply for a period of at least seven days. 4. Where it considers that conditions permit, the competent authority may limit the measures provided for in this Article to a part of the holding and to the poultry contained therein, provided that the poultry there have been housed, kept and fed completely separately be separate staff. 5. Where the official veterinarian has reason to suspect racing pigeons or any pigeon house of being contaminated by the Newcastle-disease virus, he shall take all appropriate steps to ensure that the pigeon house is subject to restrictions, including a ban on all movement of racing pigeons outside the pigeon house for 21 days.
Article 9 
1. Once the diagnosis of Newcastle disease has been officially confirmed in poultry, the Member States shall ensure that the competent authority establishes around the infected holding a protection zone based on a minimum radius of three kilometres, itself contained in a surveillance zone based on a minimum radius of 10 kilometres. The establishment of the zones must take account of geographical, administrative, ecological and epizootiological factors relating to Newcastle disease, and of monitoring facilities. 2. The measures applied in the protection zone shall include: (a) the identification of all holdings having poultry within the zone; (b) periodic visits to all the holdings having poultry, a clinical examination of those poultry including, if necessary, the collection of samples for laboratory examination; a record of visits and findings must be kept; (c) the keeping of all poultry in their living quarters or some other place where they can be isolated; (d) the use of appropriate means of disinfection at the entrances and exits of the holding; (e) the control of movements or persons handling poultry, poultry carcases and eggs and vehicles carrying poultry, carcases and eggs within the zone; in general, transport of poultry shall be prohibited, except for transit by major highways or railways; (f) a prohibition on removing poultry and hatching eggs from the holding on which they are kept unless the competent authority has authorized the transport; (i) of poultry for immediate slaughter to a slaughterhouse preferably located in the infected area or, if that is not possible, to a slaughterhouse designated by the competent authority outside the infected area. The special health mark provided for in Article 5 (1) of Directive 91/494/EEC ( 8 ) must be applied to this poultry meat; (ii) of day-old chicks or ready-to-lay pullets to a holding within the surveillance zone at which there are no other poultry. However, the Member States, that are not in a position to be able to provide transport of day-old chicks or ready-to-lay pullets to a holding situated within the surveillance zone, shall be authorized, in accordance with the procedure laid down in Article 25, to have the said chicks and pullets transported to a holding outside the surveillance zone. The holdings referred to above must be placed under official control in accordance with Article 8 (2); (iii) of hatching eggs to a hatchery designated by the competent authority; before dispatch, eggs and their packing must be disinfected. Movements allowed in (i), (ii) and (iii) shall be directly executed, under official control. They shall be authorized only after the official veterinarian has carried out a health inspection of the holding. The means of transport used must be cleaned and disinfected before and after use; (f) a prohibition on removing poultry and hatching eggs from the holding on which they are kept unless the competent authority has authorized the transport; (i) of poultry for immediate slaughter to a slaughterhouse preferably located in the infected area or, if that is not possible, to a slaughterhouse designated by the competent authority outside the infected area. The special health mark provided for in Article 5 (1) of Directive 91/494/EEC ( 8 ) must be applied to this poultry meat; (ii) of day-old chicks or ready-to-lay pullets to a holding within the surveillance zone at which there are no other poultry. However, the Member States, that are not in a position to be able to provide transport of day-old chicks or ready-to-lay pullets to a holding situated within the surveillance zone, shall be authorized, in accordance with the procedure laid down in Article 25, to have the said chicks and pullets transported to a holding outside the surveillance zone. The holdings referred to above must be placed under official control in accordance with Article 8 (2); (iii) of hatching eggs to a hatchery designated by the competent authority; before dispatch, eggs and their packing must be disinfected. Movements allowed in (i), (ii) and (iii) shall be directly executed, under official control. They shall be authorized only after the official veterinarian has carried out a health inspection of the holding. The means of transport used must be cleaned and disinfected before and after use; (g) a prohibition on removing or spreading used litter or poultry manure without authorization; (h) the prohibition of fairs, markets, shows or other gatherings of poultry or other birds. 3. The measures applied in the protection zone shall be maintained for at least 21 days after the carrying out of preliminary cleaning and disinfection operations on the infected holding in accordance with Article 11. The protection zone shall thereafter be part of the surveillance zone. 4. The measures applied in the surveillance zone shall include: (b) the control of poultry and hatching egg movement within the zone; (c) a prohibition on the movement of poultry out of the zone during the first 15 days, except for movement directly to a slaughterhouse outside the surveillance zone designated by the competent authority. The special health mark provided for in Article 5 of Directive 91/494/EEC must be applied to this poultry meat; (d) a prohibition on the movement of hatching eggs out of the surveillance zone unless to a hatchery designated by the competent authority. Before dispatch the eggs and their packing must be disinfected; (e) a prohibition on the movement of used litter or poultry manure out of the zone; (f) a prohibition of fairs, markets, shows or other gatherings of poultry and other birds; (g) without prejudice to the provisions of (a) and (b), the prohibition of transport of poultry except for transit by major highways or railways. 5. The measures applied in the surveillance zone shall be maintained for at least 30 days after the carrying out of preliminary cleaning and disinfection operations on the infected holding in accordance with Article 11. 6. Where the zones are situated in the territory of more than one Member State, the competent authorities of the Member States concerned shall cooperate in establishing the areas described in paragraph 1. However, if necessary, the protection zone and the surveillance zone shall be established by the procedure provided for in Article 25. 7. Where the epizootiological enquiry referred to in Article 7 confirms that the outbreak is due to an infection where there is no evidenc of lateral spread, the size and duration of the protection and surveillance zones may be reduced under the procedure laid down in Article 25.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 9 ):
1. Once the diagnosis of Newcastle disease has been officially confirmed in poultry, the Member States shall ensure that the competent authority establishes around the infected holding a protection zone based on a minimum radius of three kilometres, itself contained in a surveillance zone based on a minimum radius of 10 kilometres. The establishment of the zones must take account of geographical, administrative, ecological and epizootiological factors relating to Newcastle disease, and of monitoring facilities. 2. The measures applied in the protection zone shall include: (a) the identification of all holdings having poultry within the zone; (b) periodic visits to all the holdings having poultry, a clinical examination of those poultry including, if necessary, the collection of samples for laboratory examination; a record of visits and findings must be kept; (c) the keeping of all poultry in their living quarters or some other place where they can be isolated; (d) the use of appropriate means of disinfection at the entrances and exits of the holding; (e) the control of movements or persons handling poultry, poultry carcases and eggs and vehicles carrying poultry, carcases and eggs within the zone; in general, transport of poultry shall be prohibited, except for transit by major highways or railways; (f) a prohibition on removing poultry and hatching eggs from the holding on which they are kept unless the competent authority has authorized the transport; (i) of poultry for immediate slaughter to a slaughterhouse preferably located in the infected area or, if that is not possible, to a slaughterhouse designated by the competent authority outside the infected area. The special health mark provided for in Article 5 (1) of Directive 91/494/EEC ( 4 ) must be applied to this poultry meat; (ii) of day-old chicks or ready-to-lay pullets to a holding within the surveillance zone at which there are no other poultry. However, the Member States, that are not in a position to be able to provide transport of day-old chicks or ready-to-lay pullets to a holding situated within the surveillance zone, shall be authorized, in accordance with the procedure laid down in Article 25, to have the said chicks and pullets transported to a holding outside the surveillance zone. The holdings referred to above must be placed under official control in accordance with Article 8 (2); (iii) of hatching eggs to a hatchery designated by the competent authority; before dispatch, eggs and their packing must be disinfected. Movements allowed in (i), (ii) and (iii) shall be directly executed, under official control. They shall be authorized only after the official veterinarian has carried out a health inspection of the holding. The means of transport used must be cleaned and disinfected before and after use; (g) a prohibition on removing or spreading used litter or poultry manure without authorization; (h) the prohibition of fairs, markets, shows or other gatherings of poultry or other birds. 3. The measures applied in the protection zone shall be maintained for at least 21 days after the carrying out of preliminary cleaning and disinfection operations on the infected holding in accordance with Article 11. The protection zone shall thereafter be part of the surveillance zone. 4. The measures applied in the surveillance zone shall include: (b) the control of poultry and hatching egg movement within the zone; (c) a prohibition on the movement of poultry out of the zone during the first 15 days, except for movement directly to a slaughterhouse outside the surveillance zone designated by the competent authority. The special health mark provided for in Article 5 of Directive 91/494/EEC must be applied to this poultry meat; (d) a prohibition on the movement of hatching eggs out of the surveillance zone unless to a hatchery designated by the competent authority. Before dispatch the eggs and their packing must be disinfected; (e) a prohibition on the movement of used litter or poultry manure out of the zone; (f) a prohibition of fairs, markets, shows or other gatherings of poultry and other birds; (g) without prejudice to the provisions of (a) and (b), the prohibition of transport of poultry except for transit by major highways or railways. 5. The measures applied in the surveillance zone shall be maintained for at least 30 days after the carrying out of preliminary cleaning and disinfection operations on the infected holding in accordance with Article 11. 6. Where the zones are situated in the territory of more than one Member State, the competent authorities of the Member States concerned shall cooperate in establishing the areas described in paragraph 1. However, if necessary, the protection zone and the surveillance zone shall be established by the procedure provided for in Article 25. 7. Where the epizootiological enquiry referred to in Article 7 confirms that the outbreak is due to an infection where there is no evidenc of lateral spread, the size and duration of the protection and surveillance zones may be reduced under the procedure laid down in Article 25.
Article 10 
Member States shall ensure that: (a) the competent authority determines the arrangements allowing them to trace the movement of eggs, poultry and birds kept in captivity; (b) the owner or keeper of poultry and/or racing pigeons and/or birds kept in captivity is required to supply the competent authority, in response to any request by that authority, with information concerning poultry and eggs entering or leaving his holding, as well as information on the races or shows in which the racing pigeons have taken part; (c) all persons engaged in the transport or marketing of poultry, eggs, racing, pigeons and birds kept in captivity are able to supply the competent authority with information concerning the movements of poultry, eggs, racing pigeons and birds kept in captivity which they have transported or marketed and to furnish all the details concerning such information.
Article 11 
Member States shall ensure that: (a) the disinfectants to be used and their concentrations are officially approved by the competent authority; (b) the cleaning and disinfection operations are carried out under official supervision, in accordance with: (i) instructions given by the official veterinarian; (ii) the procedure for cleaning and disinfecting an infected holding, as laid down in Annex II. (b) the cleaning and disinfection operations are carried out under official supervision, in accordance with: (i) instructions given by the official veterinarian; (ii) the procedure for cleaning and disinfecting an infected holding, as laid down in Annex II.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 11 ):
Member States shall ensure that: (a) the disinfectants to be used and their concentrations are officially approved by the competent authority; (b) the cleaning and disinfection operations are carried out under official supervision, in accordance with: (i) instructions given by the official veterinarian; (ii) the procedure for cleaning and disinfecting an infected holding, as laid down in Annex II.
Article 12 
Collection of samples and laboratory testing to detect the presence of Newcastle-disease virus shall be carried out in accordance with Annex III.
Article 13 
Member States shall ensure that the competent authority takes all the necessary measures for persons established in the protection and surveillance zones to be informed of the restrictions in force and make all necessary arrangements for the appropriate implementation of the measures in question.
Article 14 
1. Member States shall ensure that, in each Member State there is designated: (a) a national laboratory at which facilities and expert personnel shall be maintained to permit full antigenic and biological typing of Newcastle-disease virus at all times and to confirm results obtained in regional diagnostic laboratories; (b) a national laboratory at which reagents for use in regional laboratories are tested; (c) a national institute or laboratory at which vaccines allowed for prohpylactic use in the country or stock-piled for emergency use may be tested for efficacy, potency and purity. 2. The national laboratories referred to in paragraph 1 shall be responsible for coordinating standards and methods of diagnosis, use of reagents and testing of vaccines. 3. The national laboratories referred to in paragraph 1 shall be responsible for coordinating the standards and diagnostic methods laid down in each Newcastle-disease diagnostic laboratory within the Member State. To this end: (a) they may provide diagnostic reagents to national laboratories; (b) they shall control the quality of all diagnostic reagents used in that Member State; (c) they shall arrange comparative tests periodically; (d) they shall hold isolates of Newcastle-disease virus from cases confirmed in that Member State; (e) they shall ensure the confirmation of positive results obtained in regional diagnostic laboratories. 4. The national laboratories referred to in paragraph 1 shall liaise with the Community reference laboratory referred to in Article 15. 5. Member States shall maintain up-to-date lists of the national laboratories or institutes referred to in paragraph 1 and make them available to the other Member States and to the public. Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 25(2).
Article 15 
The Community reference laboratory for Newcastle disease is mentioned in Annex V. Without prejudice to the provisions of Decision 90/424/EEC ( 9 ), and in particular Article 28 thereof, the powers and duties of the laboratory shall be those appearing in the said Annex.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 15 ):
1. The Commission shall, by means of implementing acts, designate a European Union reference laboratory for Newcastle disease. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25. 2. The functions and duties of the European Union reference laboratory for Newcastle disease shall be: (a) to coordinate, in consultation with the Commission, the methods employed in the Member States for diagnosing Newcastle disease, specifically by: (i) typing, storing and supplying strains of Newcastle disease virus for serological tests and the preparation of antisera; (ii) supplying standard sera and other reference reagents to the national reference laboratories in order to standardise the tests and reagents used in the Member States; (iii) building up and retaining a collection of Newcastle disease virus strains and isolates; (iv) organising periodical comparative tests of diagnostic procedures at Union level; (v) collecting and collating data and information on the methods of diagnosis used and the results of tests carried out in the Union; (vi) characterising isolates of Newcastle disease viruses by the most up-to-date methods available to promote a greater understanding of the epidemiology of Newcastle disease; (vii) keeping abreast of developments in Newcastle disease surveillance, epidemiology and prevention throughout the world; (viii) retaining expertise on Newcastle disease virus and other pertinent viruses to enable a rapid differential diagnosis; (ix) acquiring a thorough knowledge of the preparation and use of the products of veterinary immunology used to eradicate and control Newcastle disease; (b) to actively assist in the diagnosis of outbreaks of Newcastle disease in Member States by receiving virus isolates for confirmatory diagnosis, characterisation and epidemiology studies; (c) to facilitate the training or retraining of experts in laboratory diagnosis with a view to the harmonisation of techniques throughout the Union.
Article 16 
1. Member States shall ensure that: (a) vaccination against Newcastle disease with vaccines authorized by the competent authority may be used for a prophylactic purpose or to supplement the control measures carried out when the disease appears; (b) the only vaccines allowed are those which have received a marketing authorization from the competent authority of the Member State in which the vaccine is used. 2. Further criteria for using vaccines against Newcastle disease may be established in accordance with the procedure laid down in Article 25.
Article 17 
1. A Member State in which voluntary or compulsory prophylactic vaccination against Newcastle disease is carried out shall inform the Commission and the other Member States. 2. The information given in accordance with paragraph 1 must specify: — the characteristics and composition of the vaccine to be used; — the procedures for supervision of the distribution, storage and use of vaccines; — the species and categories of poultry which may or shall be subject to vaccination; — the areas in which vaccination may or shall be carried out; — the reasons for which vaccination is carried out. 3. Member States may provide for the establishment of a vaccination programme for racing pigeons. Where this is the case, they must notify the Commission. Without prejudice to such a programme, the Member States shall ensure that the organizers of races and shows take the necessary steps so that only racing pigeons which have been vaccinated against Newcastle disease may be entered in races and shows. 4. The detailed rules for applying this Article, in particular with respect to the criteria to be adopted, and any derogations that may be granted taking into account the health status of the Member States shall be fixed in accordance with the procedure laid down in Article 25.
Article 18 
1. Member States shall ensure that, when Newcastle disease has been confirmed, the competent authority, in order to supplement the other control measures provided for in this Regulation, is able to specify a territorial area and period in which the prompt and systematic vaccination (emergency vaccination) of designated species of poultry shall be carried out under official control. A Member State applying emergency vaccination shall inform the Commission and other Member States within the framework of the standing veterinary committee, set up by Decision 68/361/EEC ( 10 ), about the Newcastle-disease situation and emergency vaccination programme. 2. In the case referred to in paragraph 1, the vaccination or re-vaccination of poultry on the holding subject to the restrictions referred to in Article 4 is prohibited. 3. In the case referred to in paragraph 1: (a) the designated species of poultry shall be vaccinated as soon as possible; (b) all poultry of designated species born on or transferred to a holding inside the vaccination area must be or have been vaccinated; (c) throughout the vaccination operation provided for in paragraph 1 all poultry of designated species kept on holdings inside the vaccination area must remain there except: — day-old chicks moved to a holding inside the vaccination area where they shall be vaccinated; — poultry moved direct to a slaughterhouse for immediate slaughter. If the slaughterhouse is located outside the vaccination area the movement of poultry shall be permitted only after the official veterinarian has carried out a health inspection of the holding; (c) throughout the vaccination operation provided for in paragraph 1 all poultry of designated species kept on holdings inside the vaccination area must remain there except: — day-old chicks moved to a holding inside the vaccination area where they shall be vaccinated; — poultry moved direct to a slaughterhouse for immediate slaughter. If the slaughterhouse is located outside the vaccination area the movement of poultry shall be permitted only after the official veterinarian has carried out a health inspection of the holding; (d) when the vaccination operations provided for in (a) have been completed movements out of the vaccination area may be authorized for: — day-old chicks intended for meat production may be moved to a holding where they shall be vaccinated; the holding in question must be kept under surveillance until the poultry which have been moved have been slaughtered; — poultry vaccinated more than 21 days previously and intended for immediate slaughter; — hatching eggs which originate from breeding poultry vaccinated at least 21 days previously; the eggs and their packing must be disinfected before movement. (d) when the vaccination operations provided for in (a) have been completed movements out of the vaccination area may be authorized for: — day-old chicks intended for meat production may be moved to a holding where they shall be vaccinated; the holding in question must be kept under surveillance until the poultry which have been moved have been slaughtered; — poultry vaccinated more than 21 days previously and intended for immediate slaughter; — hatching eggs which originate from breeding poultry vaccinated at least 21 days previously; the eggs and their packing must be disinfected before movement. 4. The measures provided for in (b) and (d) of paragraph 3 shall be applied for a period of three months following completion of vaccination operations provided for in paragraph 1; they may be extended for one or more additional periods of three months. 5. By way of derogation from (a) and (b) of paragraph 3, the competent authorities may exempt certain flocks of particular scientific value from systematic vaccination, provided that all necessary steps are taken by the competent authority to ensure protection of their health and to subject them to periodic serological checks. 6. The Commission shall follow the development of the disease situation and if necessary it may, in accordance with the procedure laid down in Article 25, take a decision in particular in relation to control of movement and vaccination.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 18 ):
1. Member States shall ensure that, when Newcastle disease has been confirmed, the competent authority, in order to supplement the other control measures provided for in this Regulation, is able to specify a territorial area and period in which the prompt and systematic vaccination (emergency vaccination) of designated species of poultry shall be carried out under official control. A Member State applying emergency vaccination shall inform the Commission and other Member States within the framework of the standing veterinary committee, set up by Decision 68/361/EEC ( 5 ), about the Newcastle-disease situation and emergency vaccination programme. 2. In the case referred to in paragraph 1, the vaccination or re-vaccination of poultry on the holding subject to the restrictions referred to in Article 4 is prohibited. 3. In the case referred to in paragraph 1: (a) the designated species of poultry shall be vaccinated as soon as possible; (b) all poultry of designated species born on or transferred to a holding inside the vaccination area must be or have been vaccinated; (c) throughout the vaccination operation provided for in paragraph 1 all poultry of designated species kept on holdings inside the vaccination area must remain there except: — day-old chicks moved to a holding inside the vaccination area where they shall be vaccinated; — poultry moved direct to a slaughterhouse for immediate slaughter. If the slaughterhouse is located outside the vaccination area the movement of poultry shall be permitted only after the official veterinarian has carried out a health inspection of the holding; (d) when the vaccination operations provided for in (a) have been completed movements out of the vaccination area may be authorized for: — day-old chicks intended for meat production may be moved to a holding where they shall be vaccinated; the holding in question must be kept under surveillance until the poultry which have been moved have been slaughtered; — poultry vaccinated more than 21 days previously and intended for immediate slaughter; — hatching eggs which originate from breeding poultry vaccinated at least 21 days previously; the eggs and their packing must be disinfected before movement. 4. The measures provided for in (b) and (d) of paragraph 3 shall be applied for a period of three months following completion of vaccination operations provided for in paragraph 1; they may be extended for one or more additional periods of three months. 5. By way of derogation from (a) and (b) of paragraph 3, the competent authorities may exempt certain flocks of particular scientific value from systematic vaccination, provided that all necessary steps are taken by the competent authority to ensure protection of their health and to subject them to periodic serological checks. 6. The Commission shall follow the development of the disease situation and if necessary it may, in accordance with the procedure laid down in Article 25, take a decision in particular in relation to control of movement and vaccination.
Article 19 
1. Where carrier pigeons or birds kept in captivity are suspected of being infected with Newcastle disease, Member States shall ensure that the official veterinarian immediately starts the official investigation procedures for confirming or notifying the presence of the disease; in particular, he shall take adequate samples for laboratory examination or see that they are taken. 2. As soon as it has been notified of the suspicion, the competent authority shall place the holding or pigeon house under official surveillance and order that no pigeon or bird kept in captivity, and nothing likely to transmit Newcastle disease, may leave the pigeon house or holding. 3. The measures provided for in paragraphs 1 and 2 shall not be withdrawn until the suspicion of Newcastle disease has been ruled out by the official veterinarian. 4. As soon as the presence of Newcastle disease has been officially confirmed, the competent authority shall, inter alia , order: (a) application of the control and eradication measures provided for in Article 5 (1) (a), (b), (e) and (f) to the carrier pigeons or birds kept in captivity and pigeon houses infected with Newcastle disease; or (b) at least (i) a ban on movement of the pigeons or birds kept in captivity outside the pigeon house or holding for at least 60 days after the clinical signs of Newcastle disease have disappeared; (ii) destruction or treatment of any matter or waste likely to be contaminated. Treatment must guarantee the destruction of any Newcastle-disease virus present and all waste that has accumulated during the 60-day period referred to in (i); (b) at least (i) a ban on movement of the pigeons or birds kept in captivity outside the pigeon house or holding for at least 60 days after the clinical signs of Newcastle disease have disappeared; (ii) destruction or treatment of any matter or waste likely to be contaminated. Treatment must guarantee the destruction of any Newcastle-disease virus present and all waste that has accumulated during the 60-day period referred to in (i); (c) an epizootiological inquiry in accordance with Article 7. 5. To the extent that it is required for the proper application of the provisions laid down in this Article, the Member States shall furnish to the Commission, within the Standing Veterinary Committee, information on the situation of the disease and the control measures applied in accordance with the model appearing in Annex VI.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 19 ):
1. Where carrier pigeons or birds kept in captivity are suspected of being infected with Newcastle disease, Member States shall ensure that the official veterinarian immediately starts the official investigation procedures for confirming or notifying the presence of the disease; in particular, he shall take adequate samples for laboratory examination or see that they are taken. 2. As soon as it has been notified of the suspicion, the competent authority shall place the holding or pigeon house under official surveillance and order that no pigeon or bird kept in captivity, and nothing likely to transmit Newcastle disease, may leave the pigeon house or holding. 3. The measures provided for in paragraphs 1 and 2 shall not be withdrawn until the suspicion of Newcastle disease has been ruled out by the official veterinarian. 4. As soon as the presence of Newcastle disease has been officially confirmed, the competent authority shall, inter alia , order: (a) application of the control and eradication measures provided for in Article 5 (1) (a), (b), (e) and (f) to the carrier pigeons or birds kept in captivity and pigeon houses infected with Newcastle disease; or (b) at least (i) a ban on movement of the pigeons or birds kept in captivity outside the pigeon house or holding for at least 60 days after the clinical signs of Newcastle disease have disappeared; (ii) destruction or treatment of any matter or waste likely to be contaminated. Treatment must guarantee the destruction of any Newcastle-disease virus present and all waste that has accumulated during the 60-day period referred to in (i); (c) an epizootiological inquiry in accordance with Article 7. 5. To the extent that it is required for the proper application of the measures laid down in this Article, the Member States shall submit to the Commission, within the framework of the Standing Committee on Plants, Animals, Food and Feed, information on the disease situation and the control measures applied. 6. The Commission may, by means of implementing acts, lay down rules regarding the information to be submitted by the Member States to the Commission as provided for in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25.
Article 20 
1. The use of swill originating from means of international transport, such as ships, land vehicles or aircraft, shall be prohibited for the feeding of poultry; such swill shall be collected and destroyed under official supervision. 2. The use of swill other than as defined in paragraph 1, or poultry scraps, may be authorized for the feeding of poultry only after a heat-treatment in appropriate facilities ensuring that the disease is not transmitted and the Newcastle-disease virus is destroyed. 3. If necessary, the Commission shall, in accordance with the procedure laid down in Article 25, lay down the detailed rules for the implementation of paragraph 2.
Article 21 
1. Each Member State shall draw up a contigency plan, specifying the national measures to be implemented in the event of an outbreak of Newcastle disease. This plan must allow access to facilities, equipment, personnel and all other appropriate materials necessary for the rapid and efficient eradication of the outbreak. It must give a precise indication of the vaccine requirements which each Member State deems necessary for emergency vaccination. 2. The criteria to be applied for drawing up the plan are laid down in Annex VII. 3. Plans drawn up in accordance with the criteria listed in Annex VII shall be submitted to the Commission not later than six months after this Directive is brought into application. 4. The Commission shall examine the plans in order to determine whether they permit the desired objective to be attained and shall suggest to the Member State concerned any amendments required in particular to ensure that they are compatible with those of the other Member States. The Commission shall approve the plans, if necessary amended, in accordance with the procedure laid down in Article 25. The plans may subsequently be amended or supplemented, in accordance with the same procedure, to take into account developments in the situation.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 21 ):
1. Each Member State shall draw up a contingency plan, specifying the national measures to be implemented in the event of an outbreak of Newcastle disease. The contingency plan shall be updated, as appropriate, to take account of developments in the situation. The contingency plan shall allow access to facilities, equipment, personnel and all other appropriate materials necessary for the rapid and efficient eradication of the outbreak of Newcastle disease. It shall give a precise indication of the vaccine requirements which each Member State deems necessary for emergency vaccination. 2. The contingency plans and any updates thereto shall be submitted to the Commission. 3. The Commission shall examine the contingency plans and any updates thereto in order to determine whether they permit the desired objective to be attained and shall suggest to the Member State concerned any amendments required in particular to ensure that they are compatible with those of the other Member States. The Commission shall approve the contingency plans and any updates thereto, if necessary amended, in accordance with the examination procedure referred to in Article 25. 4. The Commission may, by means of implementing acts, lay down criteria to be applied by Member States for drawing up the contingency plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25.
Article 22 
Commission experts may, in collaboration with the competent authorities, and insofar as is necessary to ensure uniform application of this Directive, make on-the-spot checks. In order to do this, they may check a representative percentage of establishments to see whether the competent authorities are checking that these establishments are fulfilling the requirements of this Directive. The Commission shall inform the Member States of the result of the checks carried out. A Member State in whose territory a check is being carried out shall give all the necessary assistance to the experts in carrying out their duties. The general provisions for implementing this Article shall be determined in accordance with the procedure laid down in Article 25.
Article 23 
The detailed conditions governing the Community's financial contribution to the measures connected with the application of this Directive are laid down in Decision 90/424/EEC.
Article 24 
The Annexes shall be amended, as and when required, by the Council acting by a qualified majority acting on a proposal from the Commission, in particular in order to take into account developments in research and in diagnostic procedures.
Article 25 
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 ( 11 ). 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 12 ) shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its Rules of Procedure.
Amendment rationale: EXPLANATORY MEMORANDUM 1. LEGAL CONTEXT OF THIS DIRECTIVE Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease in poultry and in certain birds. Among other things, the Directive confers on the Council, acting by qualified majority on a proposal from the Commission, the power to amend the Directive's Annexes. Inter alia, the Council has therefore the power to amend, Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak. Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls ('OCR'). This Regulation requires the Commission to designate EURLs by means of implementing acts. The objective of this Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures. The current European Reference Laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. Therefore, an aligned and simplified decision procedure is urgently needed to enable the new EURL to be properly functioning by the date when the United Kingdom will exit the EU. This technical revision of the Directive will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT. Whilst the main objective is to align the Directive in question with the TFEU and EU rules on the designation of EURLs, the measures proposed will also provide greater legal consistency and more streamlined implementing procedures.
Revised version (Article 25 ):
1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 6 ). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 7 ). 2. Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 26 
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 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 dwon 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 27 
This Directive is addressed to the Member States.