Commission Decision 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, and amending Decisions 93/342/EEC, 2000/585/EC and 2003/812/EC (notified under document number C (2006) 3821) (Text with EEA relevance) (2006/696/EC) (repealed)

CHAPTER I INTRODUCTORY PROVISIONS

Article 1 Subject matter and scope

This Decision lays down veterinary certification conditions for imports into and transit through the Communityof:

(a)

poultry, hatching eggs and day-old chicks;

(b)

meat, minced meatand mechanically separated meat, of poultry, ratites and wild game-birds;

(c)

eggs and egg products and specified pathogen-free eggs.

However, this Decision shall not apply to poultry for exhibitions, shows or contests.

Article 2 Definitions

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

(a)

‘poultry’ means fowl, turkeys, 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;

(b)

‘hatching eggs’ means eggs for incubation, laid by poultry as defined in (a);

(c)

‘day-old chicks’ means all poultry less than 72 hours old, not yet fed; however, muscovy ducks (Cairina moschata) and their crosses may be fed;

(d)

‘breeding poultry’ means poultry 72 hours old or more, intended for the production of hatching eggs;

(e)

‘productive poultry’ means poultry 72 hours old or more, reared for the production of meat and/or eggs for consumption or for restocking supplies of game;

(f)

‘flock’ means all poultry of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit; as regards housed poultry, this definition includes all birds sharing the same airspace;

(g)

‘establishment’ means a facility or part of a facility which occupies a single site and devoted to one or more of the following activities:

(i)

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

(ii)

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

(iii)

rearing establishment:

• either a breeding poultry-rearing establishment which rears breeding poultry prior to the reproductive stage, or

• a productive poultry-rearing establishment which rears egg-laying productive poultry prior to the laying stage;

(h)

‘hatchery’ means an establishment which incubates and hatches eggs and supplies day-old chicks;

(i)

‘authorised veterinarian’ means a veterinarian instructed by the competent veterinary authority and under its responsibility to carry out the checks provided for in this Decision in a particular establishment;

(j)

‘meat’ means edible parts of the following animals:

(i)

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;

(ii)

wild game birds that are hunted for human consumption;

(iii)

ratites;

(k)

‘Mechanically separated meat’ or ‘MSM’ 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.

(l)

‘minced meat’ means boned meat that has been minced into fragments and contains less than 1 % salt;

(m)

‘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.

Article 3 Veterinary certification

Veterinary certificates as required under Part 1 of Annexes I and II shall be compiled in accordance with the notes set out in Part 2 of those Annexes.

However, electronic certification and other agreed systems harmonised at Community level may be used.

CHAPTER II POULTRY, HATCHING EGGS AND DAY-OLD CHICKS

SECTION 1 General provisions

Article 4 General conditions for import and transit

1. Poultry, hatching eggs and day-old chicks imported into and transiting through the Community shall comply with the conditions laid down in Articles 5 to 14.

2. Paragraph 1 shall not apply to single consignments of fewer than 20 units of poultry, hatching eggs or day-old chicks.

However, such single consignments may only be imported from third countries or parts thereof that are approved for such imports as they comply with the following conditions:

(a) the country or a part thereof is listed in columns 1 and 3 of the table in Part 1 of Annex I and column 4 of that table provides for a model veterinary certificate for the commodity concerned;

(b) they are not covered by an import ban;

(c) the importation conditions include the requirement for post-import isolation or quarantine. This provision does not apply to consignments of ratites or hatching eggs thereof.

Article 5 Place of origin

Poultry, hatching eggs and day-old chicks may only be imported into or transit through the Community from third countries or parts thereof listed in columns 1 and 3 of the table in Part 1 of Annex I where column 4 of that table provides for a model veterinary certificate for the commodity concerned.

Article 6 Health conditions and additional guarantees

1. Poultry, hatching eggs and day-old chicks shall meet the requirements laid down in the relevant veterinary certificate compiled using the corresponding model in Part 2 of Annex I, subject to the specific conditions set out in column 6 of the table in Part 1 of Annex I.

2. Where required by the Member State of destination under Community legislation, the additional guarantees for poultry, hatching eggs and day-old-chicks as specified for that Member State in column 5 of the table in Part 1 of Annex I shall be included in the veterinary certificate using the corresponding model in Part 2 of Annex I.

Article 7 Additional health requirements for poultry, hatching eggs and day-old chicks from third countries where vaccines used against Newcastle disease do not meet Community standards

1. Where third countries do not prohibit the use of vaccines against Newcastle disease not meeting the specific criteria set out in point 2 of Annex B to Decision 93/342/EEC, the following additional health requirements shall apply to poultry and day-old chicks imported there from:

(a) for at least 12 months preceding the date of export to the Community, they have not been vaccinated with such vaccines;

(b) not more than two weeks before the date of export to the Community or, in the case of hatching eggs, not earlier than two weeks before the date of collection of the eggs, the flocks have undergone a virus isolation test for Newcastle disease:

(i)

carried out in an official laboratory;

(ii)

on a random sample of cloacal swabs from at least 60 birds in each flock;

(iii)

in which no avian paramyxoviruses with an Intracerebral Pathogenicity Index of more than 0,4 have been found;

(c) during the two-week period referred to in (b), they have been kept in isolation under official surveillance on the holding of origin;

(d) during a period of 60 days before the date of export to the Community or, in the case of hatching eggs, during a period of 60 days before the date of collection of the eggs, they have not been in contact with poultry not meeting the requirements in (a) and (b).

2. Where day-old chicks are imported from a third country as referred to in paragraph 1, the hatching eggs from which they have hatched have not been in contact in the hatchery or during transport with poultry or hatching eggs not meeting the requirements in (a) to (d).

Article 8 Transport of poultry

1. Poultry shall not be loaded onto a means of transport carrying other poultry of a lower health status.

2. In the course of transport to the Community, poultry shall not be moved by road or rail through and not be unloaded in a third country or a part thereof that is not approved for imports into the Community of such poultry.

3. In the course of air transport, poultry shall not be unloaded in a third country or a part thereof that is not approved for imports of such poultry into the Community.

SECTION 2 Breeding and productive poultry other than ratites and hatching eggs and day-old chicks other than of ratites

Article 9 Requirements for i mports

1. Imported breeding and productive poultry other than ratites and hatching eggs and day-old chicks other than of ratites may only come from establishments which have been approved by the competent authority of the third country concerned in accordance with conditions that are at least as strict as those laid down in Annex II to Directive 90/539/EEC and where such approval has not been suspended or withdrawn.

2. Where breeding and productive poultry other than ratites and hatching eggs and day-old chicks other than of ratites and/or their flocks of origin are to undergo testing to meet the requirements of the relevant veterinary certificates laid down in this Decision, sampling for testing and the testing itself must be carried out in accordance with the methods referred to in Part 4(A) of Annex I.

3. Imported hatching eggs shall bear the name of the third country of origin and one of the printed indications set out in Annex III in type at least 3 mm high.

4. Each package of hatching eggs as referred to in paragraph 3 shall contain only eggs of a single species, category and type of poultry from the same third country of origin and consignor, and shall bear at least the following particulars:

(a) the information shown on the eggs as provided for in paragraph 3;

(b) the species of poultry from which the eggs come;

(c) the consignor's name or business name and address.

5. Each box of imported day-old chicks shall contain only a single species, category and type of poultry from the same third country of origin, hatchery and consignor and shall bear at least the following particulars:

(a) the name of the third country of origin;

(b) the species of poultry to which the day-old chicks belong;

(c) the distinguishing number of the hatchery;

(d) the consignor's name or business name and address.

Article 10 Requirements after import

1. Imported breeding and productive poultry other than ratites and day-old chicks other than of ratites shall be kept on the holding(s) of destination from their date of arrival:

(a) for a period of at least six weeks; or

(b) where the birds are slaughtered before the expiry of the period referred to in (a), until the day of slaughter.

However, the period provided for in (a) may be reduced to three weeks, provided that sampling and testing in accordance with the procedures set out in Part 4(B) of Annex I have been carried out with favourable results.

2. Breeding and productive poultry other than ratites hatched from imported hatching eggs shall be kept for at least three weeks from the date of hatching in the hatchery or on the holding(s) to which the poultry has been sent after hatching.

Where day-old chicks are not reared in the Member State which imported the hatching eggs, they shall be transported directly to the final destination specified in point 9.2 of the health certificate Model 2 in Annex IV to Directive 90/539/EEC and kept there for at least three weeks from the date of hatching.

3. During the relevant period as provided for in paragraphs 1 and 2, imported breeding and productive poultry and day-old chicks and breeding and productive poultry other than ratites hatched from imported hatching eggs shall be kept in isolation in poultry houses where no other flocks are present.

However, they may be introduced into poultry houses where breeding and productive poultry and day-old chicks are already present.

In that case, the periods referred to in paragraphs 1 and 2 shall start running from the date of introduction of the last imported bird and no poultry present shall be moved from the housing before the end of those periods.

4. Imported hatching eggs shall be hatched in separate incubators and hatchers.

However, imported hatching eggs may be introduced into incubators and hatchers where other hatching eggs are already present.

In that case, the periods referred to in paragraphs 1 and 2 shall start running from the date of introduction of the last imported hatching egg.

5. No later than the date of expiry of the relevant period as provided for in paragraph 1 or 2, imported breeding and productive poultry and day-old chicks shall undergo a clinical examination carried out by an authorised veterinarian and, where necessary, samples shall be taken to monitor their state of health.

SECTION 3 Ratites for breeding and production and hatching eggs and day-old chicks thereof

Article 11 Requirements for imports

1. Imported ratites for breeding and production shall be identified by neck-tags and/or microchips bearing the ISO code of the third country of origin.

Such microchips shall comply with ISO standards.

2. Imported hatching eggs of ratites for breeding and production shall be marked with a stamp indicating the ISO code of the third country of origin and the approval number of the establishment of origin.

3. Each package of hatching eggs as referred to in paragraph 2 shall contain only eggs of ratites from the same third country of origin and consignor, and shall bear at least the following particulars:

(a) the information shown on the eggs as provided for in paragraph 2;

(b) a clearly visible and legible indication that the consignment contains hatching eggs of ratites;

(c) the consignor's name or business name and address.

4. Each box of imported day-old chicks of ratites for breeding and production shall contain only ratites from the same third country of origin, establishment and consignor, and shall bear at least the following particulars:

(a) the ISO code of the third country of origin and the approval number of the establishment of origin;

(b) a clearly visible and legible indication that the consignment contains day-old chicks of ratites;

(c) the consignor's name or business name and address.

5. After the import controls have been carried out, consignments of ratites and hatching eggs and day-old chicks thereof shall be transported directly to the final destination.

Article 12 Requirements after import

1. Imported ratites for breeding and production (ratites) and day-old chicks thereof shall be kept on the holding(s) of destination from their date of arrival:

(a) for a period of at least six weeks; or

(b) where the birds are slaughtered before the expiry of the period referred to in (a), until the day of slaughter.

2. Ratites hatched from imported hatching eggs shall be kept for a period of at least three weeks from the date of hatching in the hatchery or on the holding(s) to which they have been sent after hatching.

3. During the relevant period as provided for in paragraphs 1 and 2, imported ratites and ratites hatched from imported hatching eggs shall be kept in isolation in houses where no other ratites or poultry are present.

However, they may be introduced into houses where other ratites or poultry are already present.

In that case, the periods provided for in paragraphs 1 and 2 shall start running from the date of introduction of the last imported ratite and no ratites or poultry present shall be moved from the housing before the end of those periods.

4. Imported hatching eggs shall be hatched in separate incubators and hatchers.

However, imported hatching eggs may be introduced into incubators and hatchers where other hatching eggs are already present.

In that case, the periods provided for in paragraphs 1 and 2 shall start running from the date of introduction of the last imported hatching egg and the measures as provided for in paragraphs 1 and 2 shall apply.

5. No later than the date of expiry of the relevant period as provided for in paragraph 1 or 2, imported ratites and day-old chicks thereof shall undergo a clinical examination carried out by an authorised veterinarian and, where necessary, samples shall be taken to monitor their state of health.

6. Where ratites, hatching eggs and day-old chicks thereof and/or their flocks of origin are to undergo testing in accordance with the requirements of the veterinary certificates laid down in Annex I to this Decision, sampling for testing for Newcastle disease and the testing itself shall be carried out in accordance with Annexes I and II to Commission Decision 92/340/EEC(1).

Article 13 Requirements for ratites for breeding and production and day-old chicks thereof from Asia and Africa

The protective measures for Crimean-Congo haemorrhagic fever set out in Part 1 of Annex V shall apply, on their arrival in the Community, to ratites for breeding and production and day-old chicks thereof coming from third countries in Asia and Africa.

All ratites testing positive to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever provided for therein shall be destroyed.

All contact birds within the group shall be retested by the competitive ELISA test 21 days after the original sampling. Where any bird tests positive, the whole contact group shall be destroyed.

Article 14 Requirements for ratites for breeding and production from a country considered to be infected with Newcastle disease

The following rules shall apply to ratites and hatching eggs thereof coming from a third country considered as infected with Newcastle disease and day-old chicks that have hatched from such eggs:

(a)

before the date the isolation period begins, the competent authority shall check the isolation facilities as referred to in Article 12(3) to see whether they are satisfactory;

(b)

during the relevant period as provided for in Article 12(1) and (2), a virus isolation test for Newcastle disease shall be carried out on a cloacal swab or faeces sample from each ratite;

(c)

where ratites are to be sent to a Member State or region the status of which has been established in accordance with Article 12(2) of Directive 90/539/EEC, a serological test shall be carried out on each ratite, in addition to the virus isolation test provided for in (b);

(d)

negative results of the tests provided for in (b) and (c) shall be available before any bird is released from isolation.

CHAPTER III MEAT, MINCED MEAT AND MECHANICALLY SEPARATED MEAT, OF POULTRY, RATITES AND WILD GAME-BIRDS, EGGS AND EGG PRODUCTS AND SPECIFIED PATHOGEN-FREE EGGS

SECTION 1 Imports

Article 15 Meat, minced meat and mechanically separated meat of poultry, ratites and wild game-birds

Meat, minced meat and mechanically separated meat, of poultry, ratites and wild game-birds may only be imported into the Community from a third country or a part thereof listed in columns 1 and 3 of the table in Part 1 of Annex II where column 4 of that table provides for a model veterinary certificate for the meat, minced meat and mechanically separated meat of poultry, ratites and wild game-birds concerned.

Article 16 Additional guarantees and additional health requirements for ratite meat and wild game-bird meat, minced meat and mechanically separated meat thereof

1. Ratite meat and wild game-bird meat, minced meat and mechanically separated meat thereof, may only be imported into the Community from a third country or a part thereof that is not subject to any restrictions relating to avian influenza and Newcastle disease.

2. Additional health requirements as laid down in Part 2 of Annex V concerning protection measures in relation to Crimean-Congo haemorrhagic fever shall apply for ratite meat from Africa and Asia imported into or transiting through the Community

3. Member States not vaccinating against Newcastle disease may demand additional guarantees concerning vaccination against that disease for ratite meat imported into or transiting through the Community.

Article 17 Eggs and egg products

Eggs and egg products may only be imported into the Community from a third country or a part thereof listed in columns 1 and 3 of the table in Part 1 of Annex II where column 4 of that table provides for a model veterinary certificate for the eggs and egg products concerned.

Article 18 Specified pathogen-free eggs

1. Specified pathogen-free eggs may only be imported into the Community from a third country or a part thereof listed in columns 1 and 3 of the table in Part 1 of Annex I where column 4 of that table provides for a model veterinary certificate for the specified pathogen-free eggs concerned.

2. Imported specified pathogen-free eggs as referred to in paragraph 1 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.

3. Each package of specified pathogen-free eggs shall contain only eggs from the same third country of origin, establishment and consignor, and shall bear at least the following particulars:

(a) the information shown on the eggs as provided for in paragraph 2;

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

(c) the consignor's name or business name and address.

4. After the import controls have been carried out, consignments of specified pathogen-free eggs shall be transported directly to their final destination.

SECTION 2 Transit and storage

Article 19 Conditions for transit/storage

Meat, minced meat and mechanically separated meat, of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may only transit through or be stored in the Community where they:

(a)

comply with the relevant import conditions for the commodity concerned in Articles 15, 16, 17 or 18;

(b)

come from a third country or a part thereof listed in Annex I or II;

(c)

are accompanied by a veterinary certificate drawn up in accordance with the model set out in Annex IV.

Article 20 Derogation for transit

1. By way of derogation from Article 19, the Member States shall authorise transit by road or by rail through the Community, between border inspection posts in Latvia, Lithuania and Poland designated in accordance with Commission Decision 2001/881/EC(2), of consignments of meat minced meat and mechanically separated meat of poultry, 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, provided that:

(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 and referred to in Article 7 of Directive 97/78/EC are stamped ‘‘ONLY FOR TRANSIT TO RUSSIA VIA THE EC’’ 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 issued by the official veterinarian at the border inspection post of entry.

2. Consignments as referred to in paragraph 1 of this Article may not be unloaded or put into storage as referred to in Article 12(4) or Article 13 of Directive 97/78/EC within Community territory.

3. Regular audits shall be conducted by the competent authority to ensure that the number of consignments and the quantities of products leaving the Community territory match the number and quantities entering.

CHAPTER IV TRANSITIONAL AND FINAL PROVISIONS

Article 21 Amendments to Decision 93/342/EEC

Decision 93/342/EEC is amended as follows:

(a)

In Article 4(4), the second subparagraph is deleted.

(b)

Annex E is deleted.

Article 22 Amendments to Decision 2000/585/EC

Decision 2000/585/EC is amended as follows:

(a)

Article 1 is deleted;

(b)

Article 2 is replaced by the following:

‘Article 2

Member States shall authorise imports of the following meat only:

(a)

meat of wild leporidae, defined as wild rabbits and hares, not containing offal, except for unskinned and uneviscerated leporidae;

(b)

meat of farmed rabbits;

(c)

meat of wild land mammals other than ungulates and leporidae, not containing offal.

Such meat imports may only come from third countries or parts thereof listed in Annex I and subject to the conditions laid down in the veterinary certificate following the relevant model in Annex III, in accordance with Annex II.

The exporting third country shall meet the specific requirements referred to in Annex II and set out in Annex IV and shall certify this by completing Section V of each health certificate following the model in Annex III.’;

(c)

Annex II is replaced by Annex VI to this Decision;

(d)

In Annex III, Models D and I are deleted.

Article 23 Amendments to Decision 2003/812/EC

In Decision 2003/812/EC, Parts IV and V of the Annex are deleted.

Article 24 Repeals

Decisions 94/85/EC, 94/86/EC, 94/984/EC, 95/233/EC, 96/482/EC, 96/659/EC, 97/38/EC, 2000/609/EC, 2001/393/EC, 2001/751/EC are repealed.

Article 25 Transitional provisions

Poultry, hatching eggs, day-old chicks, meat, minced meat and mechanically separated meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs for which the relevant veterinary certificates have been issued in accordance with Decisions 94/85/EC, 94/86/EC, 94/984/EC, 95/233/EC, 96/482/EC, 97/38/EC, 2000/609/EC, 2001/393/EC, 2001/751/EC may be imported into or transit through the Community until six months after the day following that of its publication in the Official Journal of the European Union.

Article 26 Applicability

This Decision shall apply from six months after the day following that of the publication of this Decision in the Official Journal of the European Union.

Article 27 Addressees

This Decision is addressed to the Member States.

Done at Brussels, 28 August 2006.

For the Commission

Markos Kyprianou

Member of the Commission