Council Directive of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (90/539/EEC) (repealed)

CHAPTER I U.K. General provisions

Article 1 U.K.

1. This Directive lays down animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs.

2. This Directive shall not apply to poultry for exhibitions, show or contests.

Article 2 U.K.

For the purposes of this Directive ‘official veterinarian’and ‘third country’ shall mean the official veterinarian and third country referred to in Directive 72/462/EEC.

In addition:

1.

‘poultry’ shall mean fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants[F1 ,] partridges [F2 and ratites (Ratitae)] reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for re-stocking supplies of game;

2.

‘hatching eggs’ shall mean eggs for incubation, laid by poultry as defined in 1;

3.

‘[F3 day-old chicks’ shall mean all poultry less than 72 hours old, not yet fed; however, muscovy ducks (Cairina moschata) or their crosses may be fed;]

4.

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

5.

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

6.

‘slaughter poultry’ shall mean poultry sent direct to a slaughterhouse for slaughter as soon as possible after arrival, and in any case within 72 hours;

7.

[F3 ‘ flock ’ shall mean all poultry of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit. In housed poultry this will include all birds sharing the same airspace;]

8.

‘holding’ shall mean a facility — which may include an establishment — used for the rearing or keeping of breeding or productive poultry;

9.

‘establishment’ shall mean a facility or part of a facility which occupies a single site and is devoted to 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)

[F3 rearing establishment:

(i)

either a breeding poultry rearing establishment which is an establishment which rears breeding poultry prior to the reproductive stage;

or

(ii)

a productive poultry rearing establishment which is an establishment which rears egg-laying productive poultry prior to the laying stage;]

(d)

hatchery: an establishment which incubates and hatches eggs and supplies day-old chicks:

10.

‘authorized veterinarian’ shall mean a veterinarian instructed by the competent veterinary authority, under its responsibility, to carry out the checks provided for in this Directive in a particular establishment;

11.

‘approved laboratory’ shall mean a laboratory located in the territory of a Member State, approved by the competent veterinary authority, under its responsibility, for the purpose of carrying out the diagnostic tests provided for in this Directive;

12.

‘health inspection’ shall mean a visit by the official veterinarian or authorized veterinarian for the purpose of inspecting the health status of all the poultry in an establishment;

13.

‘compulsorily notifiable diseases’ shall mean the diseases listed in Annex V;

14.

‘outbreak site’ shall mean a site as defined in Directive 82/894/EEC;

15.

[F4 . . . . .]

16.

‘quarantine station’ shall mean facilities where the poultry is kept in complete isolation and away from direct or indirect contact with other poultry, so as to permit long-term observation and testing for the diseases listed in Annex V;

17.

‘sanitary slaughter’ shall mean the destruction, subject to all the necessary health safeguards including disinfection, of all poultry and products at the outbreak site which are infected or suspected of being contaminated.

Textual Amendments

F1 Substituted by Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC.

F2 Inserted by Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC.

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F4 Deleted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

CHAPTER II U.K. Rules for intra-Community trade

Article 3 U.K.

1. Member States shall submit to the Commission by 1 July 1991 a plan describing the national measures which they intend to implement to ensure compliance with the rules set out in Annex II for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs.

2. The Commission shall examine the plans. In accordance with the procedure laid down in Article 32, the plans may be approved, or amendments or additions made, before approval is given.

3. In accordance with the procedure referred to in paragraph 2, amendments or additions to a plan which has been approved in accordance with the said paragraph may be:

• approved at the request of the Member State concerned, in order to take account of a change in the situation in that Member State, or

• requested, in order to take account of progress in methods of disease prevention and control.

Article 4 U.K.

Each Member State shall designate a national reference laboratory to be responsible for coordinating the diagnostic methods provided for in this Directive and their use by the approved laboratories located in its territory. These reference laboratories are listed in Annex I.

[F3 Article 5 U.K.

In order to be traded in the Community:

(a)

hatching eggs, day-old chicks, breeding poultry and productive poultry must satisfy the conditions laid down in Articles 6, 12, 15 and 17. They must also satisfy any conditions laid down pursuant to Articles 13 and 14.

In addition:

• hatching eggs must satisfy the conditions laid down in Article 7,

• day-old chicks must satisfy the conditions laid down in Article 8,

• breeding poultry and productive poultry must satisfy the conditions laid down in Article 9;

(b)

Slaughter poultry must fulfil the conditions set out in Articles 10, 12, 15 and 17 and those laid down pursuant to Articles 13 and 14;

(c)

Poultry (including day-old chicks) intended for restocking supplies of game must fulfil the conditions set out in Articles 10a, 12, 15 and 17 and those laid down pursuant to Articles 13 and 14 [F5 ;]

(d)

[F6 [F7 as regards salmonella, poultry intended for Finland and Sweden must fulfil the conditions laid down pursuant to Articles 9a, 9b and 10b.] ] ]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F5 Substituted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 6 U.K.

Hatching eggs, day-old chicks, breeding poultry and productive poultry must come from:

1.

establishments which fulfil the following requirements:

(a)

they must be approved and given a distinguishing number by the competent authority, in accordance with the rules set out in Chapter I of Annex II;

(b)

they must not, at the time of consignment, be the subject of any animal health restrictions applicable to poultry;

(c)

[F3 they must not be located in an area which for animal health reasons is subject to restrictive measures in accordance with Community legislation as a result of the outbreak of a disease to which poultry is susceptible;]

2.

[F3 a flock which at the time of consignment presents no clinical sign or suspicion of contagious poultry disease.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

[F3 Article 7 U.K.

At the time of consignment, hatching eggs must:

1.

come from flocks which:

• have been held for more than six weeks in one or more Community establishments as defined in Article 6 (1)(a),

• if vaccinated, have been vaccinated in accordance with the vaccination conditions in Annex III;

  • have either undergone an animal health examination carried out by an official veterinarian or an authorized veterinarian during the 72 hours preceding consignment and, at the time of the examination, have shown no clinical sign or suspicion of contagious disease,

  • or have had a monthly health inspection visit by an official veterinarian or an authorized veterinarian, the most recent visit having been within 31 days of consignment. If this option is chosen there must also be an examination by the official veterinarian or authorized veterinarian of the records of the health status of the flock and an evaluation of its current health status as assessed by up-to-date information supplied by the person in charge of the flock during the 72 hours preceding consignment. In a case where records or other information give rise to suspicion of disease, the flocks must have had an animal health examination by the official veterinarian or authorized veterinarian that has ruled out the possibility of contagious poultry disease;

2.

be marked in accordance with Commission Regulation (EEC) No 1868/77;

3.

have been disinfected in accordance with the instructions of the official veterinarian.

In addition, if contagious poultry diseases which may be transmitted through eggs develop in the flock which supplied the hatching eggs during the period of their incubation, the hatchery involved and the authority or authorities responsible for the hatchery and the flock of origin must be notified.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 8 U.K.

Day-old chicks must:

(a)

have been hatched from hatching eggs satisfying the requirements of Articles 6 and 7;

(b)

[F3 satisfy the vaccination conditions in Annex III, if they have been vaccinated;]

(c)

present, at the time of consignment, no suspicion of diseases on the basis of Annex II, Chapter II, B 2 (g) and (h).

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 9 U.K.

At the time of consignment, breeding poultry and productive poultry must:

(a)

have been held since hatching or for more than six weeks in one or more Community establishments as defined in Article 6 (1) (a);

(b)

[F3 satisfy the vaccination conditions in Annex II, if they have been vaccinated;]

(c)

[F3 have been submitted to a health examination by an official veterinarian or authorized veterinarian during the 48 hours preceding consignment and, at the time of the examination, have presented no clinical sign or suspicion of contagious poultry disease.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

[F6 [F7 Article 9a U.K.

1. As regards salmonella, Finland and Sweden may submit to the Commission an operationalprogramme concerning flocks of breeding poultry and flocks of day-old chicks intended to be introduced into flocks of breeding poultry or flocks of productive poultry.

2. The Commission shall examine the operational programmes. Following that examinationand if it is justified, the Commission shall, in accordance with the procedure laid down in Article 32, specify the additional general or limited guarantees which may be required for consignments to Finland and Sweden. Those guarantees must be equivalent to those which Finland and Sweden implement respectively at national level. The appropriate decisions shall be adopted before the date of entry into force of the Accession Treaty.

Textual Amendments

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 9b U.K.

1. As regards salmonella and pending the adoption of Community rules, Finland andSweden may submit to the Commission an operational programme concerning flocks of laying hens (productive poultry reared to produce eggs for consumption).

2. The Commission shall examine the operational programmes. Following that examinationand if it is justified, the Commission shall, in accordance with the procedure laid down in Article 32, specify the additional general or limited guarantees which may be required for consignments to Finland and Sweden. Those guarantees must be equivalent to those which Finland and Sweden implement respectively at national level. In addition, these guarantees shall take into account the opinion of the Scientific Veterinary Committee as regards serotypes of salmonella to be included in the list of invasive serotypes for poultry. The appropriate decisions shall be adopted before the date of entry into force of the Accession Treaty.] ]

Textual Amendments

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 10 U.K.

At the time of the consignment, slaughter poultry must have come from a holding:

(a)

where they have been held since hatching or for more than 21 days;

(b)

which is not the subject of any animal health restrictions applicable to poultry;

(c)

[F3 where the health examination carried out by the official veterinarian or authorized veterinarian during the 5 days preceding dispatch on the flock from which the consignment to be slaughtered is to be drawn has not revealed within that flock any clinical sign or suspicion of contagious poultry disease;]

(d)

[F3 which is not located in an area which for animal health reasons is subject to restrictive measures in accordance with Community legislation as a result of the outbreak of a disease to which poultry is susceptible.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

[F8 Article 10 a U.K.

1. At the time of consignment, poultry over 72 hours old intended for restocking supplies of wild game must have come from a holding:

(a) where it has been held since hatching or for more than 21 days and where it has not been placed in contact with newly-arrived poultry during the two weeks preceding consignment;

(b) which is not the subject of any animal health restrictions applicable to poultry;

(c) where the health examination carried out by the official veterinarian or authorized veterinarian during the 48 hours preceding dispatch on the flock from which the consignment is to be drawn has not revealed within that flock any clinical sign or suspicion of contagious poultry disease;

(d) which is not located in an area which for animal health reasons is subject to prohibition in accordance with Community legislation as a result of an outbreak of disease to which poultry is susceptible.

2. Articles 6 and 9a shall not apply to the poultry referred to in paragraph 1.]

Textual Amendments

F8 Inserted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

[F6 [F7 Article 10b U.K.

1. As regards salmonella and in respect of serotypes not mentioned in Annex II, Chapter III(A), consignments of poultry for slaughter for Finland and Sweden shall be subject to a microbiological test by sampling in the establishment of origin in accordance with rules to be laid down by the Council acting on a proposal from the Commission before the date of entry into force of the Accession Treaty.

2. The range of the test referred to in paragraph 1 and the methods to be adopted mustbe determined in the light of the opinion of the Scientific Veterinary Committee and of the operational programme which Finland and Sweden must submit to the Commission.

3. The test referred to in paragraph 1 shall not be carried out for slaughter poultry from aholding subject to a programme recognized as equivalent to that referred to in paragraph 2 under the procedure laid down in Article 32.] ]

Textual Amendments

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 11 U.K.

1. The requirement of Articles 5 to 10 and 15 shall not apply to intra-Community trade in poultry and hatching eggs in respect of consignments comprising fewer than 20 units.

2. However, poultry and hatching eggs as referred to in paragraph 1 must, at the time of consignment, have come from flocks which:

• have been held in the Community since hatching or for at least three months,

• present no clinical signs of a contagious poultry disease at the time of consignment,

• [F3 satisfy the vaccination conditions in Annex III, if they have been vaccinated,]

• are not the subject of any animal health restrictions applicable to poultry,

• [F3 are not located in an area which for animal health reasons is subject to restrictive measures in accordance with Community legislation as a result of an outbreak of disease to which poultry is susceptible.]

• [F4 . . . . .]

[F3 All birds in the consignment must have been found negative in serological tests for Salmonella pullorum and Salmonella gallinarum antibodies, in accordance with Annex II, Chapter III, in the month preceding the consignment. In the case of hatching eggs or day-old chicks, the flock of origin must be tested serologically for Salmonella pullorum and Salmonella gallinarum in the three months preceding the consignment at a level which gives 95 % confidence of detecting infection at 5 % prevalence.]

[F9 3. The provisions of paragraphs 1 and 2 shall not apply to consignments containing ratites or hatching eggs of ratites.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F4 Deleted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F9 Inserted by Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 12 U.K.

[F10 1. In the case of consignments of poultry and hatching eggs from Member States or regions of Member States which vaccinate the poultry referred to in Article 1 against Newcastle disease to a Member state or region of a Member State, the status of which has been established in accordance with paragraph 2 below, the following rules shall apply:

(a) hatching eggs must come from flocks which are:

• (a) not vaccinated, or

• vaccinated using inactivated vaccine, or

• vaccinated using a live vaccine, provided that vaccination has taken place at least 30 days before the collection of the hatching eggs;

(b) day-old chicks (including chicks intended for restocking supplies of game) must not be vaccinated against Newcastle disease, and must come from:

• (b) hatching eggs satisfying the conditions in (a), and

• a hatchery where working practice ensures that such eggs are incubated at completely separate times and locations from eggs not satisfying the conditions in (a);

(c) breeding and productive poultry must:

• (c) not be vaccinated against Newcastle disease, and

• have been isolated for 14 days before consignment, at either a holding or a quarantine station under the supervision of the official veterinarian. In this connection, no poultry at the holding of origin or quarantine station, as applicable, may have been vaccinated against Newcastle disease during the 21 days preceding consignment and no bird which is not due for consignment may have entered the holding or the quarantine station during that time; in addition, no vaccination may be carried out in the quarantine stations, and

• have undergone, during the 14 days preceding consignment, representative serological testing, with negative results, to detect Newcastle disease antibodies in accordance with detailed rules adopted pursuant to the procedure laid down in Article 32;

(d) slaughter poultry must come from flocks which:

• (d) if not vaccinated against Newcastle disease, satisfy the requirements in the third indent of (c),

• if vaccinated have undergone, during the 14 days preceding consignment and on the basis of a representative sample, a test to isolate Newcastle disease virus complying with detailed rules adopted in accordance with the procedure laid down in Article 32.]

[F3 2. If a Member State or a region or regions of a Member State wish to be established as Newcastle disease non-vaccinating they can present a programme as laid down in Article 13 (1).

The Commission shall examine the programmes presented by the Member States. The programmes may be approved, in compliance with the criteria referred to in Article 13 (1), in accordance with the procedure laid down in Article 32. Any additional guarantees, general or specific, which may be required in intra-Community trade may be defined in accordance with the same procedure.

Where a Member State or a region of a Member State considers it has achieved Newcastle disease non-vaccinating status, an application may be made to the Commission for Newcastle disease non-vaccinating status to be established in accordance with the procedure laid down in Article 32.

The elements to be taken into account for determination of a Member State's or region's status as Newcastle disease non-vaccinating shall be the data referred to in Article 14 (1) and, in particular, the following criteria:

• vaccination against Newcastle disease in the poultry referred to in Article 1 shall not have been authorized for the preceding 12 months, except for the compulsory vaccination of racing pigeons referred to in Article 17 (3) of Directive 92/66/EEC,

• breeding flocks shall have been serologically monitored at least once a year for the presence of Newcastle disease according to the detailed rules adopted under the procedure laid down in Article 32,

• the holdings shall contain no poultry which has been vaccinated against Newcastle disease in the previous 12 months, with the exception of racing pigeons vaccinated pursuant to Article 17 (3) of Directive 92/66/EEC.

[F6 [F7 As regards Finland and Sweden, the appropriate decisions concerning the status of ‘ non-vaccinationzone against Newcastle disease ’ shall be adopted under the procedure laid down in Article 32 before the date of entry into force of the Accession Treaty.] ]

3. The Commission may suspend Newcastle disease non-vaccinating status in accordance with the procedure laid down in Article 32 in the event of:

(i)

either a serious epizootic of Newcastle disease which is not being brought under control;

(ii)

or the removal of the legislative restrictions prohibiting systematic recourse to routine vaccination against Newcastle disease.]

F11 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

F10 Substituted by Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F11 Deleted by Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 13 U.K.

1. Where a Member State draws up or has drawn up a voluntary or compulsory control programme for a disease to which poultry are susceptible, it may present the programme to the Commission, outlining in particular:

• the distribution of the disease in its territory,

• the reasons for the programme, taking into consideration the importance of the disease and the programme's likely benefit in relation to its cost,

• the geographical area in which the programme will be implemented,

• the status categories to be applied to poultry establishments, the standards which must be attained in each category, and the test procedures to be used,

• the programme monitoring procedures,

• the action to be taken if, for any reason, an establishment loses its status,

• the measures to be taken if the results of the tests carried out in accordance with the provisions of the programme are positive.

2. The Commission shall examine the programmes presented by the Member States. The programmes may be approved, in compliance with the criteria referred to in paragraph 1, in accordance with the procedure laid down in Article 32. Any additional guarantees, general or specific, which may be required in intra-Community trade may be defined in accordance with the same procedure. Such guarantees must not exceed those required by the Member State in its own territory.

In the case of programmes presented to the Commission before 1 July 1991, decisions as to their approval and additional trade guarantees shall be taken before 1 January 1992.

3. Programmes submitted by Member States may be amended or supplemented in accordance with the procedure laid down in Article 32. Amendments or additions to programmes which have already been approved or to guarantees which have been defined in accordance with paragraph 2 may be approved under the same procedure.

[F6 [F7 4. The Commission shall examine as quickly as possible the programme submitted by Sweden as regards infectious bronchitis (IB). Following that examination and if it is justified, the provisions of paragraph 2 may be applicable. The appropriate decisions provided for in paragraph 2 shall be adopted as quickly as possible. Pending those decisions Sweden may, during a period of one year from the date of entry into force of the Accession Treaty, apply its national rules in force before that date as regards the abovementioned diseases. The period of one year may if necessary be extended in accordance with the procedure laid down in Article 32.] ]

Textual Amendments

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 14 U.K.

1. Where a Member State considers that its territory or part of its territory is free from one of the diseases to which poultry are susceptible, it shall present to the Commission appropriate supporting documentation, setting out in particular:

• the nature of the disease and the history of its occurrence in that Member State,

• the results of surveillance testing based on serological, microbiological or pathological investigations and on the fact that the disease must by law be notified to the competent authorities,

• the period over which the surveillance was carried out,

• where applicable, the period during which vaccination against the disease has been prohibited and the geographical area concerned by the prohibition,

• the arrangements for verifying that the area concerned remains free from the disease.

2. The Commission shall examine documentation submitted by Member States. The additional guarantees, general or specific, which may be required in intra-Community trade may be defined in accordance with the procedure laid down in Article 32. Such guarantees must not exceed those required by the Member State in its own territory. Where justification is submitted before 1 July 1991, decisions on additional guarantees shall be taken before 1 January 1992.

3. The Member State concerned shall notify the Commission of any change in the particulars specified in paragraph 1. The guarantees defined as laid down in paragraph 2 may, in the light of such notification, be amended or withdrawn in accordance with the procedure laid down in Article 32.

[F6 [F7 4. The Commission shall examine as quickly as possible the grounds submitted by Sweden as regards turkey rhinotracheitis (TRT), swollenhead syndrome (SHS), infectious laryngotracheitis (ILT), egg-drop syndrome 76 (EDS 76) and fowl pox. Following that examination and if it is justified, the provisions of paragraph 2 may be applicable. The appropriate decisions provided for in paragraph 2 shall be adopted as quickly as possible. Pending those decisions Sweden may, during a period of one year from the date of entry into force of the Accession Treaty, apply its national rules in force before that date as regards the abovementioned diseases. The period of one year may if necessary be extended in accordance with the procedure laid down in Article 32.] ]

Textual Amendments

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 15 U.K.

[F3 1. ‘ Day-old chicks ’ and hatching eggs must be transported in:

• either unused purpose-designed disposable containers to be used only once and then destroyed,

• or containers which may be re-used provided they are cleaned and disinfected beforehand.

In any event such containers must:

(a) contain only day-old chicks or hatching eggs of the same species, category and type of poultry, coming from the same establishment;

(b) be labelled with:

• (b) the name of the Member State and region of origin,

• the establishment of origin's approval number as provided for in Annex II, Chapter I (2),

• the number of chicks or eggs in each box,

• the poultry species to which the eggs or chicks belong.]

2. Boxes holding day-old chicks or hatching eggs may be grouped for transport in appropriate containers. The number of boxes thus grouped and the indications referred to in paragraph 1 (b) must be shown on those containers.

3. Breeding and productive poultry must be transported in crates or cages:

• which contain only poultry of the same species, categories and type, coming from the same establishment,

• bearing the approval number of the establishment of origin as provided for in Annex II, Chapter I (2)[F3 .]

• [F4 . . . . .]

4. (a) Breeding and productive poultry and day-old chicks must be conveyed without delay to the establishment of destination, without coming into contact with other live birds, except breeding and productive poultry or day-old chicks satisfying the conditions laid down in this Directive.

(b) Slaughter poultry must be conveyed without delay to the slaughterhouse of destination, without coming into contact with other poultry, except slaughter poultry satisfying the conditions laid down in this Directive.

[F8 (c) Poultry intended for restocking supplies of game must be conveyed without delay to the point of destination without coming into contact with other poultry except poultry intended for restocking supplies of game satisfying the conditions laid down in this Directive.]

5. Crates, cages and vehicles must be designed so as to:

• preclude the loss of excrement and minimize the loss of feathers during transit,

• allow visual inspection of the poultry,

• allow cleansing and disinfection.

6. The vehicles and, if they are not disposable, the containers, crates and cages must, before loading and unloading, be cleansed and disinfected in accordance with the instructions of the competent authority of the Member State concerned.

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F4 Deleted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F8 Inserted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 16 U.K.

Poultry as referred to in Article 15 (4) may not be transported through areas infected with avian influenza or Newcastle disease, unless by trunk road or rail.

Article 17 U.K.

In trade between Member States, poultry and hatching eggs must, during transportation to the place of destination, be accompanied by a health certificate which:

• conforms with the appropriate model in Annex IV,

• is signed by an official veterinarian,

• is drawn up on the date of loading in the language or languages of the Member State of dispatch and in the official language or languages of the Member State of destination,

• is valid for five days,

• consists of a single sheet,

• is normally made out for a single consignee,

• [F3 bears a stamp and a signature of a different colour from that of the certificate.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 18 U.K.

The Member States of destination may, in compliance with the general provisions of the Treaty, grant one or more Member States of dispatch general authorizations or authorizations limited to specific cases permitting entry into their territory of poultry and hatching eggs without the certificate provided for in Article 17.

F4 Article 19 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Deleted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

CHAPTER III U.K. Rules for imports from third countries

Article 20 U.K.

Poultry and hatching eggs imported into the Community must satisfy the conditions laid down in Articles 21 to 24.

Article 21 U.K.

1. Poultry and hatching eggs must have originated in a third country or part of a third country included on a list drawn up by the Commission in accordance with the procedure laid down in Article 32. That list may be supplemented or amended in accordance with the procedure laid down in Article 33.

2. In deciding whether a third country or part thereof may be included on the list referred to in paragraph 1, particular account shall be taken of:

(a) the state of health of the poultry, other domestic animals and wildlife in the third country, particular attention being paid to exotic animal diseases, and the health situation in the surrounding area, where either is liable to endanger public and animal health in the Member States;

(b) the regularity and rapidity of the supply of information by the third country relating to the existence of contagious animal diseases in its territory, in particular the diseases on Lists A and B of the International Office of Epizootics;

(c) the country's rules on animal-disease prevention and control;

(d) the structure of the veterinary services in the country and their powers;

(e) the organization and implementation of measures to prevent and control contagious animal diseases;

(f) the guarantees which the third country can give with regard to compliance with this Directive;

(g) compliance with Community rules on hormones and residues.

3. The list referred to in paragraph 1 and any amendments thereto shall be published in the Official Journal of the European Communities.

[F3 Article 22 U.K.

1. Poultry and hatching eggs must come from third countries:

(a) in which avian influenza and Newcastle disease, as defined in Council Directives 92/40/EEC and 92/66/EEC respectively, are legally notifiable diseases;

(b) free from avian influenza and Newcastle disease,

or

which, although they are not free from these diseases, apply measures to control them which are at least equivalent to those laid down in Directives 92/40/EEC and 92/66/EEC respectively.

2. Additional criteria for classifying third countries in respect of paragraph 1(b), particularly as regards the type of vaccine used, shall be adopted in accordance with the procedure laid down in Article 32 before 1 January 1995.

3. The Commission may, in accordance with the procedure laid down in Article 32, decide under which conditions paragraph 1 is to apply only to a part of the territory of third countries.]

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 23 U.K.

1. Poultry and hatching eggs may be imported from the territory of a third country or part of the territory of a third country included on the list drawn up in accordance with Article 21 (1) only if they come from flocks which:

(a) prior to consignment have been held without interruption in the territory or part of the territory concerned of such country for a period to be determined in accordance with the procedure laid down in Article 32;

(b) satisfy the animal health conditions adopted in accordance with the procedure laid down in Article 32 for imports of poultry and hatching eggs from the country in question. The conditions may differ according to the species or category of poultry.

2. The animal health conditions shall be determined on the basis of the rules laid down in Chapter II and its corresponding Annexes. In accordance with the procedure laid down in Article 32, derogations may be granted on a case-by-case basis if the third country concerned offers similar animal health guarantees which are at least equivalent.

Article 24 U.K.

1. Poultry and hatching eggs must be accompanied by a certificate drawn up and signed by an official veterinarian of the exporting third country.

The certificate must:

(a) be issued on the day of loading for consignment to the Member State of destination;

(b) be drawn up in the official language or languages of the Member State of destination;

(c) accompany the consignment in the original;

(d) attest to the fact that the poultry or hatching eggs satisfy the requirements of this Directive and those adopted pursuant to this Directive with regard to importation from third countries;

(e) be valid for five days;

(f) consist of a single sheet;

(g) be made out for a single consignee;

[F3 (h) bear a stamp and a signature of a different colour from that of the certificate.]

2. The certificate referred to in paragraph 1 must comply with a model drawn up in accordance with the procedure laid down in Article 32.

Textual Amendments

F3 Substituted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 25 U.K.

On-the-spot inspections shall be carried out be veterinary experts of the Member States and the Commission to ensure that all the provisions of this Directive are effectively applied.

The Member States' experts responsible for these inspections shall be designated by the Commission on proposals for the Member States.

The inspections shall be carried out on behalf of the Community, and the latter shall bear the costs thereof.

The frequency of the inspections and the inspection procedure shall be determined in accordance with the procedure laid down in Article 32.

Article 26 U.K.

1. The Commission may, in accordance with the procedure laid down in Article 33, decide that imports from a third country or part of a third country are to be confined to particular species, to hatching eggs, to poultry for breeding or production, to slaughter poultry or to poultry intended for special purposes.

[F10 2. The Commission may, in accordance with the procedure laid down in Article 32, determine that the imported poultry, hatching eggs or poultry hatched from imported eggs is to be kept quarantined or isolated for a period which may not exceed two months.]

Textual Amendments

F10 Substituted by Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

F12 Article 27 U.K.

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Textual Amendments

F12 Deleted by Council Directive of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (91/496/EEC).

[F9 Article 27a U.K.

Notwithstanding Articles 20, 22, 23 and 24, the Commission may, in accordance with the procedure laid down in Article 32, decide to permit on a case-by-case basis the importation of poultry and hatching eggs from third countries where such imports do not conform to the provisions of Articles 20, 22, 23 and 24. Detailed rules for such importation shall be drawn up concomitantly with the same procedure. Such rules shall offer animal health guarantees at least equivalent to the animal health guarantees offered by Chapter II of this Directive, involving compulsory quarantine and testing for Avian Influenza, Newcastle disease and any other relevant disease.]

Textual Amendments

F9 Inserted by Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 28 U.K.

On arrival in the Member State of destination, slaughter poultry must be taken directly to a slaughterhouse for slaughter as soon as possible.

Without prejudice to any special conditions which may be adopted in accordance with the procedure laid down in Article 33, the competent authority of the Member State of destination may, on animal-health grounds, designate the slaughterhouse to which the poultry must be conveyed.

CHAPTER IV U.K. Common provisions

Article 29 U.K.

1. For the purposes of intra-Community trade, the safeguard measures provided for in Directive 89/662/EEC shall apply to poultry and hatching eggs.

F12 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Deleted by Council Directive of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (91/496/EEC).

Article 30 U.K.

1. The veterinary control rules provided for by Directive 90/425/EEC shall apply to intra-Community trade in poultry and hatching eggs.

2. Directive 90/425/EEC shall be amended as follows:

(a) In Annex A, under I, the following reference shall be added:

‘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

—————

OJ No L 303, 31. 10. 1990, p. 6.’

(b) In Annex B the following indents shall be deleted:

• ‘live poultry’

,

• ‘eggs for hatching’

.

Article 31 U.K.

Until the date of entry into force of the decisions adopted pursuant to Articles 20, 21 and 22, the Member States shall apply to imports of poultry and hatching eggs from third countries conditions at least equivalent to those resulting from the application of Chapter II.

[F13 Article 32 U.K.

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 (1) .

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (2) 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.

Textual Amendments

F13 Substituted by Council Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (qualified majority).

Article 33 U.K.

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health.

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days.]

Textual Amendments

F13 Substituted by Council Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (qualified majority).

Article 34 U.K.

Amendments to the Annexes, particularly in order to adapt them to changes in diagnostic methods and to variations in the economic importance of particular diseases, shall be decided by the Commission in accordance with the procedure laid down in Article 32.

F4 Article 35 U.K.

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Textual Amendments

F4 Deleted by Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

Article 36 U.K.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than [F14 1 May 1992]. They shall forthwith inform the Commission thereof.

Textual Amendments

F14 Substituted by Council Directive of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (91/494/EEC).

Article 37 U.K.

This Directive is addressed to the Member States.