LIST OF THIRD COUNTRIES, TERRITORIES, ZONES OR COMPARTMENTS FROM WHICH POULTRY AND POULTRY PRODUCTS MAY BE IMPORTED INTO AND TRANSIT THROUGH THE COMMUNITY AND THE VETERINARY CERTIFICATION REQUIREMENTS

COMMISSION REGULATION (EC) No 798/2008

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COMMISSION REGULATION (EC) No 798/2008
LAYING DOWN A LIST OF THIRD COUNTRIES, TERRITORIES, ZONES OR COMPARTMENTS FROM WHICH POULTRY AND POULTRY PRODUCTS MAY BE IMPORTED INTO AND TRANSIT THROUGH THE COMMUNITY AND THE VETERINARY CERTIFICATION REQUIREMENTS

(Brussels, 8.VIII.2008)

(Amended by Commission Regulation (EC) No 1291/2008 of
18 December 2008, Commission Regulation (EC) No 411/2009
of 18 May 2009, Commission Regulation (EU) No 215/2010
of 5 March 2010, Commission Regulation (EU) No 241/2010
of 8 March 2010, Commission Regulation (EU) No 254/2010
of 10 March 2010, Commission Regulation (EU) No 332/2010
of 22 April 2010, Commission Regulation (EU) No 925/2010
of 15 October 2010, amended by Commission Regulation (EU)
No 364/2011 of 13 April 2011, Commission Regulation (EU)
No 955/2010 of 22 October 2010, amended by Commission
Regulation (EU) No 364/2011 of 13 April 2011, Commission
Regulation (EU) No 364/2011 of 13 April 2011, Commission
Implementing Regulation (EU) No 427/2011 of 2 May 2011,
Commission Implementing Regulation (EU) No 536/2011 of
1 June 2011, Commission Implementing Regulation (EU)
No 991/2011 of 5 October 2011, Commission Implementing
Regulation (EU) No 1132/2011 of 8 November 2011, Commission
Implementing Regulation (EU) No 1380/2011 of 21 December
2011, Commission Implementing Regulation (EU) No 110/2012
of 9 February 2012, Commission Implementing Regulation
(EU) No 393/2012 of 7 May 2012, Commission Implementing
Regulation (EU) No 532/2012 of 21 June 2012, Commission
Implementing Regulation (EU) No 1162/2012 of 7 December
2012, Commission Implementing Regulation (EU) No 88/2013
of 31 January 2013, Commission Implementing Regulation (EU)
No 191/2013 of 5 March 2013, Commission Implementing
Regulation (EU) No 437/2013 of 8 May 2013, Commission
Regulation (EU) No 519/2013 of 21 February 2013, Commission
Implementing Regulation (EU) No 556/2013 of 14 June 2013,
Commission Implementing Regulation (EU) No 866/2013 of 9
September 2013, Commission Implementing Regulation (EU)
No 1204/2013 of 25 November 2013, Commission Implementing
Regulation (EU) No 166/2014 of 17 February 2014, Commission
Implementing Regulation (EU) No 952/2014 of 4 September
2014, Commission Implementing Regulation (EU) 2015/198 of
6 February 2015, Commission Implementing Regulation (EU)
2015/243 of 13 February 2015, Commission Implementing
Regulation (EU) 2015/342 of 2 March 2015, Commission
Implementing Regulation (EU) 2015/526 of 27 March 2015,
Commission Implementing Regulation (EU) 2015/608 of 14 April
2015, Commission Implementing Regulation (EU) 2015/796 of 21
May 2015, Commission Implementing Regulation (EU) 2015/908
of 11 June 2015, Commission Implementing Regulation (EU)
2015/1153 of 14 July 2015, Commission Implementing
Regulation (EU) 2015/1220 of 24 July 2015, Commission
Implementing Regulation (EU) 2015/1349 of 3 August 2015,
Commission Implementing Regulation (EU) 2015/1363 of 6
August 2015, Commission Implementing Regulation (EU)
2015/1884 of 20 October 2015, Commission Implementing
Regulation (EU) 2015/2258 of 4 December 2015, Commission
Implementing Regulation (EU) 2016/15 of 7 January 2016,
Commission Implementing Regulation (EU) 2016/39 of 14
January 2016, Commission Implementing Regulation
(EU) 2016/57 of 19 January 2016)
(Corrected by: Corrigendum, OJ L 124, 20.5.2010, 10 (215/2010), Corrigendum, OJ L 147, 12.6.2015, p. 24 (2015/608), Corrigendum, OJ L 326, 11.12.2015, p. 68 (2015/608), Corrigendum, OJ L 326, 11.12.2015, 69 (2015/1884))

The Commission of the European Communities,
Having regard to the Treaty establishing the European 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 <*>, and in particular Article 21(1), Article 22(3) Article 23, Article 24(2) and Articles 26 and 27a thereof,

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<*> OJ L 303, 31.10.1990, p. 6. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

 

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC <*>, and in particular Articles 10 and 18 thereof,

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<*> OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

 

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC <*>, and in particular the fourth subparagraph of Article 29(1), thereof,

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<*> OJ L 125, 23.5.1996, p. 10. Directive as last amended by Directive 2006/104/EC.

 

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries <*>, and in particular Article 22(1) thereof,

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<*> OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive 2006/104/EC.

 

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption <*>, and in particular Article 8, Article 9(2)(b) and Article 9(4) thereof,

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<*> OJ L 18, 23.1.2003, p. 11.

 

Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents <*>, and in particular Article 10(2) thereof,

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<*> OJ L 325, 12.12.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1237/2007 (OJ L 280, 24.10.2007, p. 5).

 

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin <*>, and in particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption <**>, and in particular Article 11(1) thereof,

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<*> OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

<**> OJ L 139, 30.4.2004, p. 206; corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

 

Whereas:

(1) Directive 90/539/EEC lays down animal health conditions governing imports into the Community from third countries of poultry and hatching eggs. It provides that poultry and hatching eggs are to satisfy the conditions laid down therein and originate in a third country or part thereof included on a list drawn up in accordance with that Directive.

(2) Directive 2002/99/EC lays down rules governing the introduction from third countries of products of animal origin and products obtained there from intended for human consumption. It provides that such products are only to be imported into the Community if they comply with the requirements applicable to all stages of the production, processing and distribution of those products in the Community or if they offer equivalent animal health guarantees.

(3) Commission Decision 2006/696/EC of 28 August 2006 laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification conditions <*> sets out a list of third countries from which the commodities concerned may be imported into, and transit through, the Community and lays down the veterinary certification conditions.

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<*> OJ L 295, 25.10.2006, p. 1. Decision as last amended by Regulation (EC) No 1237/2007.

 

(4) Commission Decision 93/342/EEC of 12 May 1993 laying down the criteria for classifying third countries with regard to avian influenza and Newcastle disease in relation to imports of live poultry and hatching eggs <*> and Commission Decision 94/438/EC of 7 June 1994 laying down the criteria for classifying third countries and parts thereof with regard to avian influenza and Newcastle disease in relation to imports of fresh poultry-meat <**> lay down criteria for classifying third countries with regard to avian influenza and Newcastle disease in relation to imports of live poultry, hatching eggs and poultrymeat.

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<*> OJ L 137, 8.6.1993, p. 24. Decision as last amended by Decision 2006/696/EC (OJ L 295, 25.10.2006, p. 1).

<**> OJ L 181, 15.7.1994, p. 35; corrected by OJ L 187, 26.5.2004, p. 8.

 

(5) Community legislation for the control of avian influenza has recently been updated by Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza <*>, to take account of the most recent scientific knowledge and developments on the epidemiology of avian influenza in the Community and worldwide. The scope of the control measures to be applied in the event of an outbreak has been extended from highly pathogenic avian influenza (HPAI) to deal also with outbreaks of low pathogenic avian influenza (LPAI), and to introduce compulsory active surveillance for avian influenza and a wider use of vaccination against this disease.

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<*> OJ L 10, 14.1.2006, p. 16.

 

(6) Imports from third countries should therefore meet conditions equivalent to those applied within the Community and which are in line with the revised requirements for international trade in poultry and poultry products laid down by the standards of the Terrestrial Animal Health Code of the World Organisation for Animal health (OIE) <*> and the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals <**> of the OIE.

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<*> http://www.oie.int/eng/normes/mcode/en_sommaire.htm (latest edition).

<**> http://www.oie.int/eng/normes/en_mmanual.htm?e1d10 (latest edition).

 

(7) Argentina and Israel have submitted their avian influenza surveillance programmes to the Commission for evaluation. The Commission has examined these programmes and they conform to the relevant Community provisions and therefore a positive evaluation of these programmes should be indicated in the column 7 of part 1 of Annex I to this Regulation.

(8) Article 21(2) of Directive 90/539/EEC sets out certain matters that are to be taken into account when deciding whether or not a third country or part thereof maybe included in the list of third countries from which poultry and hatching eggs may be imported into the Community, such as the state of health of poultry, the regularity and rapidity of the supply of information by a third country relating to the existence of certain contagious animal diseases, including avian influenza and Newcastle disease and the rules for animal disease prevention and control in the third country concerned.

(9) Article 8 of Directive 2002/99/EC provides that when drawing up lists of third countries or regions of third countries thereof from which imports of specified products of animal origin are permitted into the Community, particular account is to be taken of certain matters, such as the health status of livestock, the regularity, speed and accuracy with which the third country supplies information on the existence of certain infectious or contagious animal diseases in its territory, in particular avian influenza and Newcastle disease and the general health situation in the third country concerned which might pose a risk to public or animal health in the Community.

(10) In the interests of animal health, this Regulation should provide that commodities should only be imported into the Community from third countries, territories, zones or compartments which have in place avian influenza surveillance programmes and avian influenza vaccination plans, where such vaccination is carried out.

(11) Pursuant to Regulation (EC) No 2160/2003, admission to or retention on the lists of third countries provided for in Community legislation from which Member States are authorised to import certain poultry commodities covered by that Regulation is subject to the submission to the Commission by the third country concerned of a programme equivalent to national control programmes for Salmonella to be established by the Member States, and its approval by the Commission. A positive evaluation of these programmes should be indicated in part 1 of Annex I to this Regulation.

(12) The Community and certain third countries wish to permit trade in poultry and poultry products coming from approved compartments and therefore the principle of compartmentalisation for imports of poultry and poultry products should be further laid down in Community legislation. The compartmentalisation principle has been laid down recently by the OIE in order to facilitate world wide trade in poultry and poultry products and therefore it should be incorporated into Community legislation.

(13) Currently Community legislation does not provide for certificates for the import into the Community of minced meat and mechanically separated meat of poultry, ratites and wild game-birds, for certain health reasons, in particular the traceability of meat used for its production. Accordingly, model veterinary certificates covering those commodities should be provided for in this Regulation following further scientific investigations.

(14) In order to provide more flexibility in certain situations for the competent authorities for veterinary certificates purposes, and based on several requests from third countries exporting day-old chicks of poultry and ratites to the Community, this Regulation should provide that such commodities should be examined at the time of dispatch of the consignment instead of at the time of issue of the veterinary certificate.

(15) In order to avoid any interruption in trade, imports into the Community of commodities that have been produced before the introduction of animal health restrictions, as set out in Part 1 of Annex I to this Regulation, should continue to be permitted for 90 days following the introduction of import restrictions for the commodity concerned.

(16) Specific conditions for transit via the Community of consignments to and from Russia should be provided for owing to the geographical situation of Kaliningrad which affects only Latvia, Lithuania and Poland.

(17) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) <*> set out general Community health rules applicable to the import into, and transit through, the Community of the commodities covered by the Regulation.

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<*> OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

 

(18) In addition, Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products <*> lays down standards of certification which are necessary to ensure valid certification and to prevent fraud. It is, therefore, appropriate to ensure in this Regulation that the rules and principles applied by third country certifying officers provide guarantees that are equivalent to those laid down in that Directive and that the model veterinary certificates laid down in this Regulation reflect only such facts as may be attested at the time the certificate is issued.

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<*> OJ L 13, 16.1.1997, p. 28.

 

(19) In the interests of clarity and coherence of Community legislation, Decisions 93/342/EEC, 94/438/EC and 2006/696/EC should be repealed and replaced by this Regulation.

(20) It is appropriate to provide for a transitional period to permit Member States and industry to take the necessary measures to comply with the applicable veterinary certification requirements laid down in this Regulation.

(21) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Has adopted this Regulation:

 

Chapter I. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

 

  1. This Regulation lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Community of the following commodities (the commodities):

(a) poultry, hatching eggs, day-old chicks and specified pathogen-free eggs;

(b) meat, minced meat and mechanically separated meat of poultry, including ratites and wild game-birds, eggs and egg products.

It lays down a list of third countries, territories, zones or compartments from which the commodities may be imported into the Community.

  1. This Regulation shall not apply to poultry for exhibitions, shows or contests.
  2. This Regulation shall apply without prejudice to specific certification requirements provided for in Community agreements with third countries.

 

Article 2

Definitions

 

For the purposes of this Regulation, the following definitions shall apply:

(1) «poultry» means fowl, s, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (ratitae), reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for restocking supplies of game;

(2) «hatching eggs» means eggs for incubation, laid by poultry;

(3) «day-old chicks» means all poultry less than 72 hours old, not yet fed and muscovy ducks (Cairina moschata) or their crosses, less than 72 hours old whether or not fed;

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

(5) «productive poultry» means poultry 72 hours old or more, reared for:

(a) the production of meat and/or eggs for consumption; or

(b) the restocking of supplies of game;

(6) «specified pathogen-free eggs» means hatching eggs which are derived from «chicken flocks free from specified pathogens», as described in the European Pharmacopoeia <*>, and which are intended solely for diagnostic, research or pharmaceutical use;

———————————

<*> http://www.edqm.eu (latest edition).

 

(7) «meat» means edible parts of the following animals:

(a) poultry, which, when relating to meat, means farmed birds, including birds that are farmed as domestic animals without being considered as such, with the exception of ratites;

(b) wild game-birds that are hunted for human consumption;

(c) ratites;

(8) «mechanically separated meat» means the product obtained by removing meat from flesh-bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of the muscle fibre structure;

(9) «minced meat» means de-boned meat that has been minced into fragments and contains less than 1% salt;

(10) «zone» means a clearly defined part of a third country containing an animal subpopulation with a distinct health status with respect to a specific disease for which the required surveillance, control and biosecurity measures have been applied for the purpose of imports under this Regulation;

(11) «compartment» means one or more poultry establishments in a third country under a common biosecurity management system containing a poultry subpopulation with a distinct health status with respect to a specific disease or diseases for which the required surveillance, control and biosecurity measures have been applied for the purpose of imports under this Regulation;

(12) «establishment» means a facility or part of a facility which occupies a single site and is devoted to one or more of the following activities:

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

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

(c) rearing establishment either:

(i) a breeding poultry-rearing establishment which rears breeding poultry prior to the reproductive stage; or

(ii) a productive poultry-rearing establishment which rears egg-laying productive poultry prior to the laying stage;

(d) keeping of other productive poultry;

(13) «hatchery» means an establishment which incubates and hatches eggs and supplies day-old chicks;

(14) «flock» means all poultry of the same health status kept on the same facilities or in the same enclosure and constituting a single epidemiological unit; as regards housed poultry, this definition includes all birds sharing the same airspace;

(15) «avian influenza» means an infection of poultry caused by any influenza A virus:

(a) of the subtypes H5 or H7;

(b) with an intravenous pathogenicity index (IVPI) in six-week old chickens greater than 1,2; or

(c) causing at least 75% mortality in four- to 8-week-old chickens infected intravenously;

(16) «highly pathogenic avian influenza» (HPAI) means an infection of poultry caused by:

(a) avian influenza viruses of the subtypes H5 or H7 with genome sequences codifying for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other HPAI viruses, indicating that the haem-agglutinin molecule can be cleaved by a host ubiquitous protease;

(b) avian influenza as defined in point 15(b) and (c);

(17) «low pathogenic avian influenza» (LPAI) means an infection of poultry caused by avian influenza viruses of subtypes H5 or H7 other than HPAI;

(18) «Newcastle disease» means an infection of poultry:

(a) caused by any avian strain of the paramyxovirus 1 with an intracerebral pathogenicity index (ICPI) in day-old chicks greater than 0,7; or

(b) multiple basic amino acids have been demonstrated in the virus (either directly or by deduction) at the C-terminus of the F2 protein and phenylalanine at residue 117, which is the N-terminus of the F1 protein; the term «multiple basic amino acids» refers to at least three arginine or lysine residues between residues 113 and 116; failure to demonstrate the characteristic pattern of amino acid residues as described in this point requires characterisation of the isolated virus by an ICPI test; in this definition, amino acid residues are numbered from the N-terminus of the amino acid sequence deduced from the nucleotide sequence of the F0 gene, 113 — 116 corresponds to residues — 4 to — 1 from the cleavage site;

(19) «official veterinarian» means the veterinarian designated by the competent authority;

(20) «differentiating infected from vaccinated animal (DIVA) strategy» means a vaccination strategy which enables a differentiation to be made between vaccinated/infected and vaccinated/non-infected animals through the application of a diagnostic test designed to detect antibodies against the field virus and the use of non-vaccinated sentinel birds.

 

Chapter II. GENERAL CONDITIONS FOR IMPORTS AND TRANSIT

Article 3

Lists of third countries, territories, zones or compartments of origin from which commodities may be imported into and transit through the Community

 

The commodities shall only be imported into and transit through the Community from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I.

 

Article 4

Veterinary certification

 

  1. Commodities imported into the Community shall be accompanied by a veterinary certificate, as referred to in column 4 of the table in Part 1 of Annex I, for the commodity concerned, completed in accordance with the notes and the model veterinary certificates set out in Part 2 of that Annex (the certificate).
  2. A declaration by the master of the ship, as set out in Annex II, shall be attached to veterinary certificates for imports of poultry and day-old chicks, where the transport of those commodities includes transport by ship, even for part of the journey.
  3. Poultry, hatching eggs and day-old chicks transiting through the Community shall be accompanied by:

(a) a veterinary certificate as referred to in paragraph 1 which shall bear the words «for transit through the EC», and

(b) a certificate required by the third country of destination.

  1. Specified pathogen-free eggs, meat, minced meat and mechanically separated meat of poultry, ratites and wild game-birds, eggs and egg products transiting through the Community shall be accompanied by a certificate drawn up in accordance with the model certificate set out in Annex XI and complying with the conditions set out therein.
  2. For the purposes of this Regulation, transit may include storage during transit in accordance with Articles 12 and 13 of Directive 97/78/EC.
  3. Electronic certification and other agreed systems harmonised at Community level may be used.

 

Article 5

Conditions for imports and transit

 

  1. Commodities imported into and transiting through the Union shall comply with the following:

(a) the conditions laid down in Articles 6 and 7 and in Chapter III;

(b) the additional guarantees, as specified in column 5 of the table in Part 1 of Annex I;

(c) the specific conditions set out in column 6, and where appropriate, the closing dates set out in column 6A and the opening dates set out in column 6B, of the table in Part 1 of Annex I;

(d) the conditions in relation to the approval of a salmonella control programme and related restrictions which shall only apply when indicated in the appropriate column of the table in Part 1 of Annex I;

(e) the animal health additional guarantees, where required by the Member State of destination and referred to in the certificate.

  1. The following conditions set out in paragraph 1 shall not apply to single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof:

(a) point (b);

(b) point (d) when destined for primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products as referred to in Article 1(3) of Regulation (EC) No 2160/2003.

 

Article 6

Examination, sampling and testing procedures

 

Where examination, sampling and testing for avian influenza, Mycoplasma, Newcastle disease, Salmonella, and other pathogens of animal or public health significance is required for imports of commodities into the Community in accordance with the certificates, such commodities shall only be imported into the Community where those examinations, sampling and testing have been carried out by the competent authority of the third country concerned or where appropriate by the competent authority of the Member State of destination in accordance with Annex III.

 

Article 7

Disease reporting requirements

 

Commodities shall only be imported into the Community from third countries, territories, zones or compartments, where the third country concerned:

(a) informs the Commission of the disease situation within 24 hours of confirmation of any initial outbreaks of LPAI, HPAI or Newcastle disease;

(b) submits virus isolates from initial outbreaks of HPAI and Newcastle disease, without undue delay to the Community reference laboratory for avian influenza and Newcastle disease <*>; such virus isolates shall not be required for imports of eggs, egg products and specified pathogen-free eggs from third countries, territories, zones or compartments from which the import of such commodities into the Community is authorised;

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<*> Veterinary Laboratories Agency, New Haw, Weybridge, Surrey KT 153NB, United Kingdom.

 

(c) submits to the Commission regular updates on the disease situation.

 

Chapter III. ANIMAL HEALTH STATUS OF THIRD COUNTRIES, TERRITORIES, ZONES OR COMPARTMENTS OF ORIGIN WITH REGARD TO AVIAN INFLUENZA AND NEWCASTLE DISEASE

 

Article 8

Avian influenza free third countries, territories, zones or compartments

 

  1. For the purposes of this Regulation, a third country, territory, zone or compartment from which commodities are imported into the Community shall be considered as free from avian influenza where:

(a) avian influenza has not been present in the third country, territory, zone or compartment for a period of at least 12 months preceding the certification by the official veterinarian;

(b) an avian influenza surveillance programme, in accordance with Article 10 has been carried out during a period of at least six months preceding the certification referred to in point (a) of this paragraph where required in the certificate.

  1. Where an outbreak of avian influenza occurs in a third country, territory, zone or compartment previously free of that disease, as referred to in paragraph 1, that third country, territory, zone or compartment shall again be considered as free from avian influenza provided the following conditions have been met:

(a) in the case of HPAI, a stamping out policy has been implemented to control the disease;

(b) in the case of LPAI, either a stamping out policy has been implemented or the poultry have been slaughtered to control the disease;

(c) adequate cleansing and disinfection has been carried out on all previously infected establishments;

(d) avian influenza surveillance has been carried out in accordance with Part II of Annex IV during a three-month period following completion of the cleansing and disinfection referred to in point (c) of this paragraph with negative results.

 

Article 9

HPAI free third countries, territories, zones and compartments

 

  1. For the purposes of this Regulation, a third country, territory, zone or compartment from which commodities are imported into the Community shall be considered as free from HPAI where that disease has not been present in the third country, territory, zone or compartment for a period of at least 12 months preceding the certification by the official veterinarian.
  2. Where an outbreak of HPAI occurs in a third country, territory, zone or compartment previously free of that disease as referred to in paragraph 1, that third country, territory, zone or compartment shall again be considered as free of HPAI, provided the following conditions are met:

(a) a stamping out policy has been implemented to control the disease, including adequate cleansing and disinfection carried out on all previously infected establishments;

(b) avian influenza surveillance has been carried out in accordance with Part II of Annex IV during a three-month period following completion of the stamping out policy and cleansing and disinfection referred to in point (a).

 

Article 10

Avian influenza surveillance programmes

 

Where an avian influenza surveillance programme is required in the certificate, commodities shall only be imported into Community from third countries, territories, zones or compartments where:

(a) the third country, territory, zone or compartment has had in place for a period of at least six months an avian influenza surveillance programme, which is indicated in column 7 of the table in Part 1 of Annex I, and that programme meets the requirements:

(i) set out in Part I of Annex IV; or

(ii) of the Terrestrial Animal Health Code of the OIE <*>;

———————————

<*> http://www.oie.int/eng/normes/mcode/en_sommaire.htm

 

(b) the third country informs the Commission of any changes to its avian influenza surveillance programme.

 

Article 11

Vaccination against avian influenza

 

Where vaccination against avian influenza is carried out in third countries, territories, zones or compartments, poultry or other commodities derived from vaccinated poultry shall only be imported into the Community, where:

(a) the third country carries out vaccination against avian influenza in accordance with a vaccination plan indicated in column 8 of the table in Part 1 of Annex I, and that plan meets the requirements set out in Annex V;

(b) the third country informs the Commission of any changes to its avian influenza vaccination plan.

 

Article 12

Newcastle disease free third countries, territories, zones and compartments

 

  1. For the purposes of this Regulation, a third country, territory, zone or compartment from which commodities are imported into the Community shall be considered as free from Newcastle disease where the following conditions are met:

(a) no outbreaks of Newcastle disease have occurred in poultry in the third country, territory, zone or compartment for a period of at least 12 months preceding the certification by the official veterinarian;

(b) no vaccination against Newcastle disease using vaccines that do not comply with the criteria for recognised Newcastle disease vaccines set out in Annex VI has been carried out for at least the period referred to in point (a) of this paragraph.

  1. Where an outbreak of Newcastle disease occurs in a third country, territory, zone or compartment previously free from that disease, as referred to in paragraph 1, that third country, territory, zone or compartment shall again be considered as free from that disease provided the following conditions are met:

(a) a stamping out policy has been implemented to control the disease;

(b) adequate cleansing and disinfection has been carried out on all previously infected establishments;

(c) during a period of at least three months following the completion of the stamping out policy and cleansing and disinfection referred to in points (a) and (b):

(i) the competent authority of a the third country can demonstrate the absence of that disease in the third country, territory, zone or compartment by intensified investigations including laboratory testing in relation to the outbreak;

(ii) no vaccination against Newcastle disease using vaccines that do not comply with the criteria for recognised Newcastle disease vaccines set out in Annex VI has been carried out.

 

Article 13

Derogations concerning the use of vaccines against Newcastle disease

 

  1. For commodities referred to in Article 1(1)(a), and by way of derogation from Article 12(1)(b) and Article 12(2)(c)(ii), a third country, territory, zone or compartment shall be considered as free from Newcastle disease where the following conditions are met:

(a) the third country, territory, zone or compartment allows the use of vaccines which comply with the general criteria set out in Part I of Annex VI, but not with the specific criteria set out in Part II of that Annex;

(b) the additional health requirements set out in Part I of Annex VII are complied with.

  1. For commodities referred to in Article 1(1)(b), and by way of derogation from Article 12(1)(b) and Article 12(2)(c)(ii), a third country, territory, zone or compartment from which imports of poultrymeat into the Community are authorised, shall be considered as free from Newcastle disease where the additional health requirements laid down in Part II of Annex VII are complied with.

 

Chapter IV. SPECIFIC CONDITIONS FOR IMPORTS

Article 14

Specific conditions for imports of poultry, hatching eggs and day-old chicks

 

  1. In addition to the conditions laid down in Chapters II and III, the following specific conditions shall apply to imports of:

(a) breeding and productive poultry other than ratites, hatching eggs and day-old chicks thereof, the requirements set out in Annex VIII;

(b) ratites for breeding and production, hatching eggs and day-old chicks thereof, the requirements set out in Annex IX.

  1. The specific conditions referred to in paragraph 1(a) and (b) shall not apply to single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof. However, the requirements applicable after import set out in Section II of Annex VIII shall apply to those consignments.

 

Article 15

Specific conditions for imports of specified pathogen-free eggs

 

In addition to the requirements provided for in Articles 3 to 6, specified pathogen-free eggs imported into the Community shall comply with the following requirements:

(a) they shall be marked with a stamp bearing the ISO code of the third country of origin and the approval number of the establishment of origin;

(b) each package of specified pathogen-free eggs must only contain eggs from the same third country of origin, establishment and consignor, and must bear at least the following particulars:

(i) the information shown on the eggs as provided for in point (a);

(ii) a clearly visible and legible indication that the consignment contains specified pathogen-free eggs;

(iii) the consignor’s name or business name and address.

(c) specified pathogen-free eggs imported into the Community must be transported directly to their final destination after import controls have been completed satisfactorily.

 

Article 16

Specific conditions for transport of poultry and day-old chicks

 

Poultry and day-old chicks imported into the Community shall not be:

(a) loaded onto a means of transport carrying other poultry and day-old chicks of a lower health status;

(b) in the course of transport to the Community, shall not be moved through nor unloaded in a third country, territory, zone or compartment from which imports of such poultry and day-old chicks into the Community are not authorised.

 

Article 17

Specific conditions for imports of meat of ratites

 

Only meat derived from ratites which have undergone the protective measures in relation to Crimean-Congo haemorrhagic fever, laid down in Part II of Annex X, may be imported into the Community.

 

Chapter V. SPECIFIC CONDITIONS FOR TRANSIT

Article 18

Derogations for transit through Latvia, Lithuania and Poland

 

  1. By way of derogation from Article 4(4), transit by road or by rail shall be authorised between the border inspection posts in Latvia, Lithuania and Poland listed in the Annex to Commission Decision 2009/821/EC <*>, of consignments of meat, minced meat and mechanically separated meat of poultry including ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs coming from and bound for Russia, directly or via another third country, where the following conditions are met:

———————————

<*> OJ L 296, 12.11.2009, p. 1.

 

(a) the consignment is sealed with a serially numbered seal by the official veterinarian at the border inspection post of entry in Latvia, Lithuania or Poland;

(b) the documents accompanying the consignment, as provided for in Article 7 of Directive 97/78/EC, are stamped with the words «ONLY FOR TRANSIT TO RUSSIA VIA THE EU» on each page by the official veterinarian at the border inspection post of entry in Latvia, Lithuania or Poland;

(c) the procedural requirements provided for in Article 11 of Directive 97/78/EC are complied with;

(d) the consignment is certified as acceptable for transit on the common veterinary entry document issued by the official veterinarian at the border inspection post of entry in Latvia, Lithuania or Poland.

  1. By way of derogation from Article 4(4), transit by road or rail shall be authorised between the border inspection posts in Lithuania listed in the Annex to Decision 2009/821/EC, of consignments of eggs, egg products and poultry meat coming from Belarus and bound for the Russian territory of Kaliningrad, where the following conditions are met:

(a) the consignment is sealed with a serially numbered seal by the official veterinarian at the border inspection post of entry in Lithuania;

(b) the documents accompanying the consignment, as provided for in Article 7 of Directive 97/78/EC, are stamped with the words «ONLY FOR TRANSIT TO RUSSIA VIA LITHUANIA» on each page by the official veterinarian at the border inspection post of entry in Lithuania;

(c) the procedural requirements provided for in Article 11 of Directive 97/78/EC are complied with;

(d) the consignment is certified as acceptable for transit on the common veterinary entry document issued by the official veterinarian at the border inspection post of entry in Lithuania.

  1. The consignments, as referred to in paragraphs 1 and 2, may not be unloaded or put into storage, as referred to in Article 12(4) or in Article 13 of Directive 97/78/EC, within the Union.
  2. Regular audits shall be conducted by the competent authority to ensure that the number of consignments, as referred to in paragraphs 1 and 2, and the corresponding quantities of products leaving the Union correspond with the number and quantities entering the Union.

 

Article 18a

Derogation for transit through Croatia of consignments coming from Bosnia and Herzegovina and destined to third countries

 

  1. By way of derogation from Article 4(4), the direct transit by road shall be authorised between the border inspection post of Nova Sela and the border inspection post of Ploce, of consignments of meat, minced meat and mechanically separated meat of poultry including ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs coming from Bosnia and Herzegovina and bound for third countries where the following conditions are complied with:

(a) the consignment is sealed with a serially numbered seal by the official veterinarian at the border inspection post of entry;

(b) the documents accompanying the consignment, as provided for in Article 7 of Directive 97/78/EC, are stamped with the words «ONLY FOR TRANSIT TO THIRD COUNTRIES VIA THE EU» on each page by the official veterinarian at the border inspection post of entry;

(c) the procedural requirements provided for in Article 11 of Directive 97/78/EC are complied with;

(d) the consignment is certified as acceptable for transit on the Common Veterinary Entry Document referred to in Article 2(1) of Commission Regulation (EC) No 136/2004 <*> by the official veterinarian at the border inspection post of entry.

———————————

<*> OJ L 21, 28.1.2004, p. 11.

 

  1. Unloading or storage, as defined in Article 12(4) or in Article 13 of Directive 97/78/EC, of such consignments in the Union shall not be allowed.
  2. Regular audits shall be made by the competent authority to ensure that the number of consignments and the quantities of products leaving the Union matches the number and quantities entering the Union.

 

Chapter VI. TRANSITIONAL AND FINAL PROVISIONS

Article 19

Repeals

 

Decisions 93/342/EEC, 94/438/EC and 2006/696/EC are repealed.

References to the repealed Decisions shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XII.

 

Article 20

Transitional provisions

 

Commodities in respect of which the relevant veterinary certificates have been issued in accordance with Decisions 93/342/EEC, 94/438/EC and 2006/696/EC may be imported into or transit through the Community until 15 February 2009.

 

Article 21

Entry into force

 

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2009.

 

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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