COMMISSION DECISION of 12 May 1993 laying down the criteria for classifying third countries with regard to avian influenza and Newcastle disease
(93/342/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to 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), as last amended by Directive 92/65/EEC (2), and in  particular Article 22 (2) thereof,
Having regard to 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 poultrymeat (3), as last amended by Directive 92/116/EEC (4), and in particular
Article 10
(2) thereof,
Whereas poultry, hatching eggs and poultry meat coming from third countries must be free from avian influenza and Newcastle disease; whereas it is necessary to establish the criteria for classifying third countries accordingly;
Whereas the criteria for third countries have to be established taking into account the provisions regarding Member States as laid down in Council Directives 92/40/EEC (5) and 92/66/EEC (6);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
For the purpose of this Decision:
(a) 'Avian influenza' means infection as defined in Chapter I of Annex A;
(b) 'Newcastle disease' means infection as defined in Chapter II of Annex A;
(c) 'Recognized vaccine' means any vaccine against Newcastle disease complying with the criteria laid down in Annex B;
(d) 'Emergency vaccination' means vaccination used as a means of controlling the disease following one or more outbreaks and carried out:
(i) against avian influenza using any vaccine;
(ii) against Newcastle disease using non-recognized vaccines;
(e) 'Sanitary slaughter policy' means the application, in the event of outbreaks of avian influenza or Newcastle disease, of the measures provided for in Annex C;
(f) 'Commercial flock' means either any flock consisting of at least 200 birds or any other flocks from which the poultry, hatching eggs or meat is liable to be exported to the Community.
A third country is classified as free from avian influenza and Newcastle disease if it fulfils the following general criteria:
(a) it must have a general animal-health structure allowing adequate monitoring of poultry flocks;
(b) it must have legislation which makes avian influenza and Newcastle disease notifiable diseases for all species of poultry and for all birds kept in captivity;
(c) it must undertake to examine closely any suspicion of those diseases;
(d) if there is suspicion, it must submit samples of each avian influenza virus or paramyxovirus found to specific laboratory testing in accordance with the procedure set out in Annex A;
(e) it must have at its disposal laboratory capacity in its own official laboratories or have arrangements with other national laboratories for rapid testing;
(f) it must allow those laboratories to be checked by experts from the Community;
(g) for each primary outbreak it must send virusisolates to the EEC reference laboratory in Weybridge (UK);
(h) it must notify to the Commission, within 24 hours after confirmation, of primary outbreaks in each region;
(i) it must send to the Commission, at least monthly in the case of secondary outbreaks, a report on the disease situation;
(j) in cases where vaccination against avian influenza and/or Newcastle disease is not forbidden, it must officially control the production, testing and distribution for the vaccines;
(k) it must communicate to the Commission the characteristics of each strain used for the production of vaccines against avian influenza or Newcastle disease.
1. Without prejudice to the general criteria laid down in Article 2, a third country is classified as free from avian influenza if:
(a) no outbreaks of that disease have occurred in poultry on its territory for at least 36 months; and
(b) no vaccinations against avian influenza viruses of the same sub-types as those for which highly pathogenic viruses are known to exist (currently H5 and H7 sub-types) have been carried out for at least 12 months.
2. Where a sanitary slaughter policy is practised to control the disease and without prejudice to the provision of paragraph 1 (b) the period of 36 months referred to in paragraph 1 (a) is reduced to:
(a) 6 months if no emergency vaccination has been carried out;
(b) 12 months if emergency vaccination has been carried out, provided that a further 12-month period has elapsed after the official termination of such emergency vaccination.
1. Without prejudice to the general criteria laid down in Article 2, a third country is classified as free from Newcastle disease for the first time if:
(a) no outbreaks of that disease have occurred in poultry on its territory for at least 36 months; and
(b) no vaccinations against Newcastle disease using non-recognized vaccines have been carried out for at least 12 months.
2. Where a sanitary slaughter policy is practised to control the disease and without prejudice to the provision of paragraph 1 (b) the period of 36 months referred to in paragraph 1 (a) is reduced to:
(a) 6 months if no emergency vaccination has been carried out;
(b) 12 months if emergency vaccination has been carried out, provided that a further 12-month period has elapsed after the official termination for such emergency vaccination.
3. By way of derogation from paragraphs 1 (a) and 2 (a), a third country is classified as free from Newcastle disease if the criteria set out in paragraphs 1 or 2 are met only for commercial flocks.
In such cases the third country concerned will be authorized to send fresh poultry meat to the Community if the additional guarantees laid down in Annex D are included in the accompanying animal health certificate. The export of live poultry and  hatching eggs to the Community is not authorized in such cases.
4. By way of derogation from paragraphs 1 (b) and 2 (b) a third country is classified as free from Newcastle disease if it allows the use of vaccines against the disease, which, although complying with the general criteria set out in Annex B for the  vaccines, do not fulfil the specific criteria thereof.
In such cases the third country concerned will be authorized to send live poultry and hatching eggs or fresh poultry meat to the Community if the additional guarantees laid down in Annex E or Annex F to this Decision are included in the accompanying  animal health certificate.
This Decision shall apply from 1 October 1993.
This Decision is addressed to the Member States.