Commission Regulation (EC) No 798/2008

of 8 August 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

(Text with EEA relevance)

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 eggs1, and in particular Article 21(1), Article 22(3) Article 23, Article 24(2) and Articles 26 and 27a thereof,
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/EEC2, and in particular Articles 10 and 18 thereof,
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/EEC3, and in particular the fourth subparagraph of Article 29(1), thereof,
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 countries4, and in particular Article 22(1) thereof,
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 consumption5, and in particular Article 8, Article 9(2)(b) and Article 9(4) thereof,
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 agents6, and in particular Article 10(2) thereof,
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 origin7, 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 consumption8, and in particular Article 11(1) thereof,

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 conditions9 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.
(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 eggs10 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 poultrymeat11 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.
(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 influenza12, 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.
(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)13 and the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals14 of the OIE.
(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)15 set out general Community health rules applicable to the import into, and transit through, the Community of the commodities covered by the Regulation.
(18)
In addition, Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products16 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.
(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 ISUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1Subject matter and scope

1.

This Regulation lays down veterinary certification requirements for imports into and transit, including storage during transit, through F1Great Britain 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 F2and makes provision for the specification for the purposes of this Regulation by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), of territories, zones and compartments from which the commodities may be imported into F3Great Britain.

2.

This Regulation shall not apply to poultry for exhibitions, shows or contests.

3.

This Regulation shall apply without prejudice to specific certification requirements provided for in F4agreements between the United Kingdom and third countries.

Article 2Definitions

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

  1. 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. 2.

    ‘hatching eggs’ means eggs for incubation, laid by poultry;

  3. 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. 4.

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

  5. 5.

    ‘productive poultry’ means poultry 72 hours old or more, reared for:

    1. (a)

      the production of meat and/or eggs for consumption; or

    2. (b)

      the restocking of supplies of game;

  6. 6.
    ‘specified pathogen-free eggs’ means hatching eggs which are derived from ‘chicken flocks free from specified pathogens’, as described in the European Pharmacopoeia17, and which are intended solely for diagnostic, research or pharmaceutical use;
  7. 7.

    ‘meat’ means edible parts of the following animals:

    1. (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;

    2. (b)

      wild game-birds that are hunted for human consumption;

    3. (c)

      ratites;

  8. 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. 9.

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

  10. 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. 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. 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:

    1. (a)

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

    2. (b)

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

    3. (c)

      rearing establishment either:

      1. (i)

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

      2. (ii)

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

    4. (d)

      keeping of other productive poultry;

  13. 13.

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

  14. 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. 15.

    ‘avian influenza’ means an infection of poultry caused by any influenza A virus:

    1. (a)

      of the subtypes H5 or H7;

    2. (b)

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

    3. (c)

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

  16. 16.

    ‘highly pathogenic avian influenza’ (HPAI) means an infection of poultry caused by:

    1. (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 haemagglutinin molecule can be cleaved by a host ubiquitous protease;

    2. (b)

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

  17. 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. 18.

    ‘Newcastle disease’ means an infection of poultry:

    1. (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

    2. (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. 19.

    ‘official veterinarian’ means the veterinarian designated by the competent authority;

  20. 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.

  21. 21.

    F5‘appropriate authority’ means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the ‘appropriate authority’ is the Secretary of State if consent is given by:

    1. (a)

      in relation to Wales, the Welsh Ministers;

    2. (b)

      in relation to Scotland, the Scottish Ministers.

  22. 22.

    ‘third country’ means any country or territory other than the British Islands.

  23. 23.

    F6“additional guarantees”, except in Annex 3, means the guarantees set out in the list headed “Additional guarantees (AG)” in Part 2 of Annex 1.

F7Article 2aCode of third country, territory, zone or compartment

The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article a system of words, letters or numbers representing, for the purposes of a veterinary certificate under this Regulation, a third country or a territory, zone or compartment of a third country.

CHAPTER IIGENERAL CONDITIONS FOR IMPORTS AND TRANSIT

Article 3F8... Third countries, territories, zones or compartments of origin from which commodities may be imported into and transit through F9Great Britain

The commodities shall only be imported into and transit through F10Great Britain from F11such of the third countries listed in F12column 1 of the table in Part 1 of Annex I F13or a territory, zone or compartment of those third countries as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article.

Article 4Veterinary certification

F141.

Commodities imported into Great Britain shall be accompanied by a veterinary certificate, in the form published by the appropriate authority from time to time, for the commodity concerned, completed in accordance with any notes in relation to that certificate.

2.

A declaration by the master of the ship, F15in the form published by the appropriate authority from time to time, 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 F16Great Britain shall be accompanied by:

(a)

a veterinary certificate as referred to in paragraph 1 which shall bear the words ‘for transit through F17Great Britain’, and

(b)

a certificate required by the third country of destination.

4.

Specified pathogen-free eggs, meat, minced meat and mechanically separated meat of poultry, ratites and wild game-birds, eggs and egg products transiting through F18Great Britain shall be accompanied by a certificate drawn up in accordance with the model certificate F19, in the form published by the appropriate authority from time to time, and complying with the conditions set out therein.

5.

For the purposes of this Regulation, transit may include storage during transit in accordance with F20Commission Delegated Regulation (EU) 2019/2124.

6.

Electronic certification and other agreed systems F21... may be used.

F22Article 4aPublication of closing dates and opening dates

1.

The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article a closing date or an opening date in relation to a third country listed in Annex 1 or a territory, zone or compartment of any such third country.

2.

Commodities produced on or before a closing date, including those transported on the high seas, may not be imported into Great Britain from the third country, territory, zone or compartment to which the closing date relates after 90 days from that date.

3.

Where an opening date has been specified in relation to a third country, territory zone or compartment under paragraph 1, only commodities produced after that opening date may be imported into Great Britain from that country, territory, zone or compartment.

F23 Article 5 Conditions for imports and transit

1.

Commodities imported into and transiting through F24Great Britain shall comply with the following:

(a)

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

(b)

F25any additional guarantees that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may require from time to time;

(c)

F26such of the conditions set out in the list headed “Specific conditions” in Part 2 of Annex 1 as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article, and where appropriate, F27such closing dates as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify under Article 4a and F28such opening dates as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify under Article 4a F29...;

(d)

F30subject to paragraph 3, such conditions in relation to the approval of a salmonella control programme and related restrictions F31such as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article;

(e)

the animal health additional guarantees, where required by the F32appropriate authority and referred to in the certificate.

F331A.

Where the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), requires an additional guarantee under paragraph 1(b), the Secretary of State must specify the additional guarantee in a document published for the purposes of this Article.

2.

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 F34to the final consumer or to local retail establishments directly supplying the primary products to the final consumer, and which are certified in accordance with model veterinary certificate LT20.

F353.

In this Article, “salmonella control programme” is to be construed in accordance with the table headed “Salmonella control programme” in Part 2 of Annex 1.

F36Article 6Examination, sampling and testing procedures

1.

Paragraph 2 applies 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 Great Britain in accordance with the relevant certificate, in the form published by the appropriate authority from time to time.

2.

The commodities shall only be imported into Great Britain where standards and procedures that are at least equivalent to those described in Annex III have been carried out by the competent authority of the third country concerned or, where appropriate, by the relevant competent authority of Great Britain.

Article 7Disease reporting requirements

Commodities shall only be imported into F37Great Britain from third countries, territories, zones or compartments, where the third country concerned:

  1. (a)

    F38informs the F39appropriate authority of the disease situation within 24 hours of confirmation of any initial outbreaks of LPAI, HPAI or Newcastle disease;

  2. (b)
    submits virus isolates from initial outbreaks of HPAI and Newcastle disease, without undue delay to F40a laboratory which has been approved by the appropriate authority as a national reference laboratory, for avian influenza and Newcastle disease 18; 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 F41Great Britain is authorised;
  3. (c)

    submits to the F42appropriate authority regular updates on the disease situation.

CHAPTER IIIANIMAL HEALTH STATUS OF THIRD COUNTRIES, TERRITORIES, ZONES OR COMPARTMENTS OF ORIGIN WITH REGARD TO AVIAN INFLUENZA AND NEWCASTLE DISEASE

Article 8Avian 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 F43Great Britain 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.

2.

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 9HPAI 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 F44Great Britain 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 10Avian influenza surveillance programmes

Where an avian influenza surveillance programme is required in the certificate, commodities shall only be imported into F45Great Britain from third countries, territories, zones or compartments where:

  1. (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 F46by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this Article, and that programme meets the requirements:

    1. (i)

      set out in Part I of Annex IV; or

    2. (ii)
      of the Terrestrial Animal Health Code of the OIE19;
  2. (b)

    the third country informs the F47appropriate authority of any changes to its avian influenza surveillance programme.

Article 11Vaccination 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 F48Great Britain, where:

  1. (a)

    the third country carries out vaccination against avian influenza in accordance with a vaccination plan indicated F49by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this Article, and that plan meets the requirements set out in Annex V;

  2. (b)

    the third country informs the F50appropriate authority of any changes to its avian influenza vaccination plan.

Article 12Newcastle 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 F51Great Britain 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.

2.

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):

  1. (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;

  2. (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 13Derogations 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.

2.

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 F52Great Britain 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 IVSPECIFIC CONDITIONS FOR IMPORTS

F23 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.

2.

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 15Specific 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 F53Great Britain shall comply with the following requirements:

  1. (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;

  2. (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:

    1. (i)

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

    2. (ii)

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

    3. (iii)

      the consignor’s name or business name and address.

  3. (c)

    specified pathogen-free eggs imported into F54Great Britain must be transported directly to their final destination after import controls have been completed satisfactorily.

Article 16Specific conditions for transport of poultry and day-old chicks

Poultry and day-old chicks imported into F55Great Britain shall not be:

  1. (a)

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

  2. (b)

    in the course of transport to F56Great Britain, 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 F56Great Britain are not authorised.

Article 17Specific 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 F57Great Britain.

F58CHAPTER VSPECIFIC CONDITIONS FOR TRANSIT

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

CHAPTER VITRANSITIONAL AND FINAL PROVISIONS

F59Article 18bMatters relating to the exercise of powers under this Regulation

1.

The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the criteria and matters specified in paragraph 3.

2.

The provisions are—

(a)

Article 3 (specification of third country or part thereof from which certain poultry and poultry products may be imported into Great Britain);

(b)

Article 4a (power to specify an opening and closing date);

(c)

in Article 5—

  1. (i)

    paragraph 1(b) (requirement of additional guarantees);

  2. (ii)

    paragraph 1(c) (specification of specific conditions);

  3. (iii)

    paragraph 1(d) (specification of conditions relating to salmonella control);

(d)

Article 10(a) (avian influenza control programme);

(e)

Article 11(a) (vaccination against avian influenza).

3.

Any assessment in respect of live poultry, hatching eggs (including specified pathogen free eggs), day-old chicks and poultry products which is relied upon for the purposes of paragraph 1 must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account the animal health criteria, the public health criteria and the following matters—

(a)

the assurances which the third country can give with regard to compliance with poultry health requirements in the third country;

(b)

the degree of compliance with regulatory requirements in the United Kingdom relating to growth hormones and veterinary medicines.

4.

Any assessment which is relied upon for the purposes of paragraph 1 must be appropriate to the circumstances and must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).

5.

Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2 the Secretary of State must have regard to that request.

6.

In this Article—

“animal health criteria” means the criteria set out in Schedule 1 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019;

“public health criteria” means the criteria set out in Schedule 2 to those Regulations.

Article 19Repeals

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.

F60Article 20Transitional provisions

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

Article 21Entry into force

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

F61...

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

ANNEX IPOULTRY, HATCHING EGGS, DAY-OLD CHICKS, SPECIFIED PATHOGEN-FREE EGGS, MEAT, MINCED MEAT, MECHANICALLY SEPARATED MEAT, EGGS AND EGG PRODUCTS

F23PART 1 List of third countries F62...

ISO code and name of third country or territory

F66...

F67...

Veterinary certificate

F63...

F63...

F63...

F63...

F63...

Model(s)

F68...

F63...

F63...

1

F66...

F67...

4

F68...

F63...

F63...

F63...

F63...

F63...

F63...

AL — Albania

F66...

F67...

EP, E

F63...

AR — Argentina

F66...

F67...

SPF

POU, RAT, EP, E

F63...

F63...

WGM

F68...

F69AU – Australia

F66...

F67...

SPF

EP, E

F63...

BPP, DOC, HEP, SRP, LT20

F63...

F63...

F63...

BPR

F68...

DOR

F68...

HER

F68...

POU

F68...

RAT

F68...

F70BA — Bosnia and Herzegovina

F66...

F67...

E, EP

F63...

POU

BR — Brazil

F66...

F67...

SPF

F66...

F67...

RAT, BPR, DOR, HER, SRA

F63...

F63...

F66...

F67...

BPP, DOC, HEP, SRP, LT20

F63...

F63...

F66...

F67...

WGM

F68...

EP, E, POU

F63...

F63...

BW — Botswana

F66...

F67...

SPF

EP, E

F63...

BPR

F68...

DOR

F68...

HER

F68...

RAT

F68...

F71. . .

F71...

F71...

F71. . .

F71...

F72CA — Canada

F66...

F67...

SPF

EP, E

F63...

F66...

F67...

WGM

F68...

BPR, BPP, DOC, DOR, HEP, HER, SRP, SRA, LT20

F63...

F63...

F63...

POU, RAT

F63...

F66...

F67...

F73CH — Switzerland

F73SPF

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20

WGM

EP, E, POU, RAT

CL — Chile

F66...

F67...

SPF

EP, E

F63...

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20

F63...

F63...

F63...

WGM

F68...

POU, RAT

F63...

CN — China

F66...

F67...

EP

F66...

F67...

POU, E

F68...

F63...

F63...

F63...

F63...

F74EU member States, Liechtenstein and Norway 28

F67...

SPF

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20

WGM

EP, E, POU, RAT

GL — Greenland

F66...

F67...

SPF

EP, WGM

HK — Hong Kong

F66...

F67...

EP

F70IL — Israel 26

F66...

F67...

SPF, EP

BPP, BPR, DOC, DOR, HEP, HER,

LT20

F68...

F63...

F63...

F63...

F63...

SRP

F63...

F63...

RAT

F68...

F63...

F63...

WGM

F68...

F63...

F63...

E

F68...

F63...

F63...

F63...

F66...

F67...

POU

F68...

F63...

F63...

F66...

F67...

F75...

F68...

F63...

F63...

IN — India

F66...

F67...

EP

F76IS – Iceland 28

F66...

F67...

SPF

WGM

F77... POU, RAT

F78JP — Japan

F66...

F67...

EP, E

POU

F63...

F63...

KR — Republic of Korea

F66...

F67...

EP, E

F63...

MD — Moldova

F66...

F67...

EP

ME — Montenegro

F66...

F67...

EP

MG — Madagascar

F66...

F67...

SPF

EP, E, WGM

F63...

MY — Malaysia

F66...

F67...

—

F66...

F67...

EP

E

F63...

F79MK – Republic of North Macedonia

F66...

F67...

E, EP

POU

F63...

F63...

F80MX — Mexico

F66...

F67...

SPF

EP

F63...

NA — Namibia

F66...

F67...

SPF

BPR

F68...

DOR

F68...

HER

F68...

RAT, EP, E

F68...

F63...

NC — New Caledonia

F66...

F67...

EP

NZ — New Zealand

F66...

F67...

SPF

BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20,

F63...

WGM

F68...

EP, E, POU, RAT

F63...

PM — Saint Pierre and Miquelon

F66...

F67...

SPF

RS — Serbia

F66...

F67...

EP

F81RU — Russia

F66...

F67...

EP, E

F63...

POU

F63...

F63...

F63...

F63...

SG — Singapore

F66...

F67...

EP

TH — Thailand

F66...

F67...

SPF, EP

WGM

F68...

F63...

POU, RAT

F63...

E

F63...

F63...

TN — Tunisia

F66...

F67...

SPF

BPP, LT20, BPR, DOR, HER

F63...

WGM

F68...

EP, E, POU, RAT

F63...

TR — Turkey

F66...

F67...

SPF

EP, E

F63...

F82UA — Ukraine

F66...

F67...

EP, E F83WGM, POU, RAT

F66...

F67...

F84...

F84...

F66...

F67...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F63...

F84...

F63...

F63...

F63...

F66...

F67...

F84...

F63...

F63...

F84...

F63...

F63...

F85US – United States

F66...

F67...

SPF F86EP, E, WGM, POU, RAT, BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, LT20

F87...

F63...

F66...

F67...

F87...

F68...

F87...

F63...

F87...

F63...

F63...

F66...

F67...

F66...

F67...

F87...

F68...

F63...

F63...

F63...

F87...

F63...

F87...

F63...

F63...

F66...

F67...

F87...

F68...

F63...

F63...

F63...

F87...

F63...

F87...

F63...

F63...

F66...

F67...

F87...

F68...

F63...

F63...

F63...

F87...

F63...

F87...

F63...

F63...

UY — Uruguay

F66...

F67...

SPF

EP, E, RAT

F63...

F88ZA — South Africa

F66...

F67...

SPF

EP, E

F63...

BPR

F68...

F63...

F63...

F63...

DOR

F68...

HER

F68...

RAT

F68...

F63...

F63...

ZW — Zimbabwe

F66...

F67...

RAT

F68...

F63...

F63...

EP, E

F63...

F63...

F63...

F64...

F63...

26

Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

PART 2

F89...

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional guarantees (AG):

  • ‘I’

    Guarantees for breeding and productive ratites coming from a third country, territory or zone not free from Newcastle disease, certified in accordance with model BPR

  • ‘II’

    Guarantees for day-old chicks of ratites coming from a third country, territory or zone not free from Newcastle disease, certified in accordance with model DOR

  • ‘III’

    Guarantees for hatching eggs of ratites coming from a third country, territory or zone not free from Newcastle disease certified in accordance with model HER

  • F91

  • ‘V’

    Guarantees for slaughter ratites coming from a third country, territory or zone not free from Newcastle disease, certified in accordance with model SRA

  • ‘VI’

    additional guarantees covering poultrymeat certified in accordance with model POU

  • ‘VII’

    additional guarantees covering meat of farmed ratites for human consumption certified in accordance with model RAT

  • ‘VIII’

    additional guarantees for wild game-bird meat certified in accordance with model WGM

  • F92...

  • ‘F93X’

    additional guarantees covering commodities certified in accordance with point 8 of Section I of Annex III and the model certificates BPP, BPR, DOC, DOR, HEP, HER, POU, RAT and E.

F94Salmonella control programme:

  • ‘S0’

    Prohibition to export into F95Great Britain breeding or productive poultry (BPP) of Gallus gallus , day-old chicks (DOC) of Gallus gallus , slaughter poultry and poultry for restocking (SRP) of Gallus gallus and hatching eggs (HEP) of Gallus gallus because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘S1’

    Prohibition to export into F95Great Britain breeding or productive poultry (BPP) of Gallus gallus , day-old chicks (DOC) of Gallus gallus and slaughter poultry and poultry for restocking (SRP) of Gallus gallus for other purposes than breeding, because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘S2’

    Prohibition to export into F95Great Britain breeding or productive poultry (BPP) of Gallus gallus , day-old chicks (DOC) of Gallus gallus and slaughter poultry and poultry for restocking (SRP) of Gallus gallus for other purposes than breeding or laying, because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘S3’

    Prohibition to export into F95Great Britain breeding or productive poultry (BPP) of Gallus gallus and slaughter poultry and poultry for restocking (SRP) of Gallus gallus for other purposes than breeding, because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘S4’

    Prohibition to export into F95Great Britain eggs (E) of Gallus gallus others than eggs classed B in accordance with Regulation (EC) No 557/2007 because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘F97S5’

    Prohibition to export into F98Great Britain breeding and productive poultry of Gallus gallus (BPP), slaughter poultry and poultry for restocking (SRP) of Gallus gallus because a Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘ST0’

    Prohibition to export into F98Great Britain breeding or productive poultry (BPP) of s, day-old chicks (DOC) of s, slaughter poultry and poultry for restocking (SRP) of turkeys and hatching eggs (HEP) of turkeys because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

  • ‘ST1’

    Prohibition to export into F98Great Britain breeding or productive poultry (BPP) of turkeys and slaughter poultry and poultry for restocking (SRP) of s because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the F96appropriate authority or approved by it.

Specific conditions:

  • ‘P2’

    Prohibition to import into or transit through F99Great Britain due to restrictions related to a HPAI outbreak

  • ‘P3’

    Prohibition to import into or transit through F100Great Britain due to restrictions related to a ND outbreak

  • ‘F101N’

    Guarantees have been provided that the legislation on the control of Newcastle disease in the third country or territory is equivalent to that applied in F102Great Britain. In the case of an outbreak of Newcastle disease, imports may continue to be authorised from the third country or territory with no change in the third country code or territory code. However, imports into F102Great Britain from any areas which are placed under official restrictions by the competent authority of the third country or territory concerned due to an outbreak of that disease shall be automatically prohibited

  • F103

  • ‘F104H’

    Guarantees have been provided that meat of farmed ratites for human consumption (RAT) is obtained from ratites coming from a registered closed ratite holding approved by the third country’s competent authority. In the case of a HPAI outbreak on the third country’s territory, imports of such meat may still continue to be authorised, provided that it is obtained from ratites coming from a registered closed ratite holding free of LPAI and HPAI; and where within a radius of 100 km around that holding, including, where applicable, the territory of a neighbouring country, there has been no outbreak of LPAI or HPAI for at least the last 24 months and where there has been no epidemiological link to a ratite or poultry holding where LPAI or HPAI has been present within at least the last 24 months.

Avian influenza surveillance programme and avian influenza vaccination plan:

  • ‘A’

    Third country, territory, zone or compartment carries out an avian influenza surveillance programme in accordance with Regulation (EC) No 798/2008

  • ‘B’

    Third country, territory, zone or compartment carries out vaccination against avian influenza in accordance with Regulation (EC) No 798/2008

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106ANNEX II(as referred to in Article 4)

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

ANNEX IIIF107LEGISLATIVE REQUIREMENTS, INTERNATIONAL STANDARDS AND PROCEDURES FOR EXAMINATION, SAMPLING AND TESTING AS REFERRED TO IN ARTICLE 6

I.Before import into F108Great Britain

Methods for standardisation of materials and procedures for examination, sampling and testing for:

  1. 1.

    Avian influenza

    • Diagnostic manual for avian influenza as laid down in Commission Decision 2006/437/EC39; or
    • Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal Health (OIE)40.
  2. 2.

    Newcastle disease

    • Annex III to Council Directive 92/66/EEC41; or

    • Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal Health (OIE);

    • Where Article 12 of Directive F232009/158/EC F109(to be read as if for “ Community legislation ” in point (d) there were substituted “ relevant legislation in Great Britain ”, and as if paragraph 2 were omitted) applies, the sampling and testing methods must comply with the methods described in Annexes to Commission Decision 92/340/EEC42.

  3. 3.

    Salmonella pullorum and Salmonella gallinarum

    • Chapter III of Annex II to Directive F232009/158/EC; or

    • Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal Health (OIE).

  4. 4.

    F38Salmonella arizonae

    • Chapter III of Annex II to Directive F232009/158/EC; or

    • Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal Health (OIE).

  5. 5.

    Mycoplasma gallisepticum

    • Chapter III of Annex II to Directive F232009/158/EC; or

    • Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal Health (OIE).

  6. 6.

    Mycoplasma meleagridis

    Chapter III of Annex II to Directive F232009/158/EC.

  7. 7.

    F23Salmonella of public health significance

    Sampling shall be carried out in accordance with the sampling protocol laid down in point 2.2 of the Annex to Commission Regulation (EU) No 200/2010.

    The detection method recommended by the EU reference laboratory (EURL) for salmonella in Bilthoven, the Netherlands, or an equivalent method shall be used. That method is described in the current version of Annex D of ISO 6579 (2002): ‘Detection of Salmonella spp. in animal faeces and in samples of the primary production stage’. For that detection method, a semi-solid medium (modified semi-solid Rappaport-Vassiladis medium, MSRV) is used as the single selective enrichment medium.

    Serotyping shall be carried out following the Kauffmann-White scheme or an equivalent method.

  8. 8.

    F93Additional guarantees (X) in relation to certain third countries not free from Newcastle disease

    1. 8.1.

      In establishments referred to in point 8.2, the official veterinarian must:

      1. (a)

        check the production and health records of the establishment;

      2. (b)

        carry out a clinical inspection in each production unit, including an evaluation of its clinical history and clinical examinations of poultry — in particular of those that appear sick — in each production unit from which dispatch referred to in point 8.2 is intended;

      3. (c)

        sample at least 60 tracheal or oropharyngeal and 60 cloacal swabs for laboratory investigations to be performed for checking the presence of Newcastle disease virus from poultry and ratites from each production unit from which dispatch referred to in point 8.2 is intended; if the number of birds present in that epidemiological unit is smaller than 60, swabs must be taken from all birds. In case of products referred to in point 8.2(c) this sampling may also take place at the slaughterhouse.

    2. 8.2.

      Point 8.1 applies in establishments from which it is intended to dispatch to F110Great Britain:

      1. (a)

        breeding or productive poultry and breeding or productive ratites (BPP, BPR);

      2. (b)

        day-old chicks of poultry, day-old chicks of ratites, hatching eggs of poultry or ratites and eggs for consumption (DOC, DOR, HEP, HER, E);

      3. (c)

        meat obtained from poultry and ratites kept on such holdings (POU, RAT).

    3. 8.3.

      The procedures provided for in point 8.1 must be carried out:

      1. (a)

        for the commodities referred to in points (a) and (c) of point 8.2, within not more than 72 hours prior to dispatch to F111Great Britain or prior to the slaughter of the poultry and ratites;

      2. (b)

        for the commodities referred to in point (b) of point 8.2, at intervals of 15 days or in case of infrequent dispatch to F112Great Britain, not more than seven days before collection of the hatching eggs.

    4. 8.4.

      The procedures referred to in point 8.1 must have a favorable outcome and the laboratory investigations referred to above must be performed in an official laboratory, give negative results and be available before dispatch to F113Great Britain of any of the commodities listed in points 8.2.

II.After import into F114Great Britain

Sampling and testing procedures for avian influenza and Newcastle disease:

During the period referred to in point II.1 of Annex VIII, the official veterinarian shall take samples from the imported poultry for virological examination, to be tested as follows:

  • Between the seventh and the fifteenth day following the date of commencement of the isolation period, cloacal swabs must be taken from all birds where the consignment contains less than 60 birds, and from at least 60 birds where consignments contain more than 60 birds;

  • Testing of samples must be carried out in official laboratories designated by the competent authority, using diagnostic procedures for:

    1. (i)

      avian influenza as laid down in the diagnostic manual in Commission Decision 2006/437/EC;

    2. (ii)

      Newcastle disease as laid down in Annex III to Council Directive 92/66/EEC.

III.General requirements

  • Samples may be pooled, subject to a maximum of five samples from individual birds in each pool.

  • Virus isolates must be sent without delay to the national reference laboratory.

ANNEX IV(as referred to in Article 8(2)(d), Article 9(2)(b) and Article 10REQUIREMENTS FOR AVIAN INFLUENZA SURVEILLANCE PROGRAMMES AND INFORMATION TO BE SUBMITTED43

I.Requirements for avian influenza surveillance in poultry carried out in third countries, territories, zones or compartments as referred to in Article 10.

A.surveillance for avian influenza in poultry:

  1. 1.

    Description of objectives

  2. 2.

    Third country, territory, zone or compartment (keep as appropriate):

  3. 3.

    Type of surveillance:

    • Serological surveillance

    • Virological surveillance

    • Targeted avian influenza subtypes

  4. 4.

    Sampling criteria:

    • Targeted species (for example, s, chicken, partridges)

    • Targeted categories (for example, breeders, layers)

    • Targeted husbandry systems (for example, commercial establishments, backyard flocks)

  5. 5.

    Statistical basis for number of establishments sampled:

    • Number of establishments in area

    • Number of establishments per category

    • Number of establishments to be sampled per poultry category

  6. 6.

    Frequency of sampling

  7. 7.

    Number of samples taken per establishment/shed

  8. 8.

    Time period for sampling

  9. 9.

    Type of samples taken (tissue, faeces, cloacal/oropharyngeal/tracheal swabs)

  10. 10.

    Laboratory tests used (for example, AGID, PCR, HI, Virus isolation.)

  11. 11.

    Indication of laboratories carrying out testing at central, regional or local level (keep as appropriate)

    Indication of reference laboratory carrying out confirmatory testing F115(a laboratory which has been approved by the appropriate authority as a national reference laboratory for avian influenza or OIE)

  12. 12.

    Reporting system/protocol used for avian influenza surveillance results (include results where available)

  13. 13.

    Follow-up investigations of positive results for subtypes H5 and H7.

B.where available information on surveillance for avian influenza in wild birds to assess risk factors for avian influenza introduction into poultry:

  1. 1.

    Type of surveillance:

    • Serological surveillance

    • Virological surveillance

    • Targeted avian influenza subtypes

  2. 2.

    Sampling criteria

  3. 3.

    Targeting of wild bird species (indicate species names in Latin)

  4. 4.

    Targeting of selected areas

  5. 5.

    Information referred to in point 6 and points 8 to 12 of Part I.A.

II.Avian influenza surveillance to be carried out following the occurrence of an outbreak of that disease in a third country, territory, zone or compartment previously free from that disease, as referred to in Articles 8(2)(d) and 9(2)(b)

Surveillance for avian influenza must provide at least the confidence by a randomised representative sample of the populations at risk to demonstrate the absence of infection taking into account the specific epidemiological circumstances in relation to the occurred outbreak(s).

ANNEX V(as referred to in Article 11(a))INFORMATION TO BE SUBMITTED BY A THIRD COUNTRY VACCINATING AGAINST AVIAN INFLUENZA44

I.Requirements for vaccination plans carried out in a third country, territory, zone or compartment as referred to in Article 11

  1. 1.

    Country, territory, zone or compartment (keep as appropriate)

  2. 2.

    Disease history (previous outbreaks in poultry or cases in wild birds of HPAI/LPAI)

  3. 3.

    Description of the reasons for the decision on the introduction of vaccination

  4. 4.

    Risk assessment based on:

    • Avian influenza outbreak within that third country, territory, zone or compartment (keep as appropriate)

    • Avian influenza outbreak in a nearby country

    • Other risk factors such as certain areas, type of poultry husbandry or categories of poultry or other captive birds

  5. 5.

    Geographical area where vaccination is carried out

  6. 6.

    Number of establishments in vaccination area

  7. 7.

    Number of establishments where vaccination is carried out, if different from number in point 6

  8. 8.

    Species and categories of poultry or other captive birds in vaccination territory, zone or compartment

  9. 9.

    Approximate number of poultry or other captive birds in the establishments referred to in point 7

  10. 10.

    Summary of the vaccine characteristics

  11. 11.

    Authorisation, handling, manufacture, storage, supply, distribution and sale of avian influenza vaccines on national territory

  12. 12.

    Implementation of a DIVA strategy

  13. 13.

    Envisaged duration of vaccination campaign

  14. 14.

    Provisions and restrictions on the movements of vaccinated poultry and poultry products derived from vaccinated poultry or vaccinated other captive birds

  15. 15.

    Clinical and laboratory tests carried out in the establishments vaccinated and/or located in the vaccination area (e.g. efficacy and pre-movement testing etc.)

  16. 16.

    Means of record keeping (e.g. for the detailed information referred to point 15) and registration of holdings where vaccination is carried out.

II.Surveillance for third countries, territories, zones or compartments that carry out vaccination against avian influenza as referred to in Article 11

Where vaccination is carried out in a third country, territory, zone or compartment all commercial establishments that are vaccinated against avian influenza must be required to undergo laboratory testing and the following information, in addition to the information referred to in Part I.A to Annex IV, shall be submitted:

  1. 1.

    Number of vaccinated establishments in area per category

  2. 2.

    Number of vaccinated establishments to be sampled per poultry category

  3. 3.

    Use of sentinel birds (indicate species and number of sentinel birds used per shed)

  4. 4.

    Number of samples taken per establishment and/or shed

  5. 5.

    Data on vaccine efficacy.

F116ANNEX VI(as referred to in Article 12(1)(b), Article 12(2)(c)(ii) and Article 13(1)(a))

CRITERIA FOR RECOGNISED NEWCASTLE DISEASE VACCINES

I. General criteria

1.

Vaccines must comply with the standards set out in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE) in the Chapter on Newcastle disease.

2.

Vaccines must be registered by the competent authorities of the third country concerned before being allowed to be distributed and used. For such registration, the competent authorities of the third country concerned must rely on a complete file containing data on the efficacy and innocuity of the vaccine; for imported vaccines the competent authorities may rely on data checked by the competent authorities of the country where the vaccine is produced, as far as these checks have been carried out in conformity with OIE standards.

3.

In addition, imports or production and distribution of the vaccines must be controlled by the competent authorities of the third country concerned.

4.

Before distribution is allowed, each batch of vaccines must be tested on innocuity, in particular regarding attenuation or inactivation and absence of undesired contaminating agents, and on efficacy on behalf of the competent authorities.

II. Specific criteria

Live attenuated Newcastle disease vaccines must be prepared from a Newcastle disease virus strain for which the master seed has been tested and shown to have an intracerebral pathogenicity index (ICPI) of:

  1. (a)

    less than 0,4, if not less than 10 7 EID 50 are administered to each bird in the ICPI test; or

  2. (b)

    less than 0,5, if not less than 10 8 EID 50 are administered to each bird in the ICPI test.

ANNEX VII(as referred to in Article 13)ADDITIONAL HEALTH REQUIREMENTS

I.For poultry, day-old chicks and hatching eggs coming from a third country, Territory, zone or compartment where vaccines used against Newcastle disease do not meet THE criteria of Annex VI

  1. 1.

    Where the third country, territory, zone or compartment does not prohibit the use of Newcastle disease vaccines that do not meet the specific criteria set out in Annex VI the following additional health requirements shall apply to:

    1. (a)

      poultry, including day-old chicks must not have been vaccinated with such vaccines for at least 12 months preceding the date of import to F117Great Britain;

    2. (b)

      the flock or flocks must have undergone a virus isolation test for Newcastle disease not earlier than two weeks before the date of import into F118Great Britain or, in the case of hatching eggs, not earlier than two weeks before the date of collection of the eggs:

      1. (i)

        carried out in an official laboratory;

      2. (ii)

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

      3. (iii)

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

    3. (c)

      poultry must have been kept in isolation under official surveillance on the establishment of origin during the two-week period referred to in (b);

    4. (d)

      poultry must not have been in contact with poultry not meeting the requirements set out in (a) and (b) during a period of 60 days before the date of import into F119Great Britain or, in the case of hatching eggs, during a period of 60 days before the date of collection of the eggs.

  2. 2.

    Where day-old chicks are imported from a third country, territory, zone or compartment as referred to in point 1, the day-old chicks and the hatching eggs from which the day-old chicks are derived must not have been in contact in the hatchery or during transport with poultry or hatching eggs not meeting the requirements set out in point 1(a) to (d).

II.For meat of poultry

Meat of poultry must come from slaughter poultry that:

  1. (a)

    F116has not been vaccinated with live attenuated vaccines prepared from a Newcastle disease virus master seed showing a higher pathogenicity than lentogenic strains of the virus within the period of 30 days preceding slaughter;

  2. (b)

    underwent a virus isolation test for Newcastle disease, carried out in an official laboratory at the time of slaughter on a random sample of cloacal swabs from at least 60 birds in each flock concerned and in which no avian paramyxoviruses with an Intracerebral Pathogenicity Index (ICPI) of more than 0,4 were found;

  3. (c)

    has not been in contact in 30 days preceding the date of slaughter with poultry that does not fulfil the conditions set out in (a) and (b).

ANNEX VIII(as referred to in Article 14(1)(a))BREEDING AND PRODUCTIVE POULTRY OTHER THAN RATITES, HATCHING EGGS AND DAY-OLD CHICKS OTHER THAN OF RATITES

I.Requirements applicable before import

  1. 1.

    Breeding and productive poultry other than ratites, hatching eggs and day-old chicks other than of ratites for import into F120Great Britain shall 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 F121equivalent to those described in Annex II to Directive F232009/158/EC and where such approval has not been suspended or withdrawn.

  2. 2.

    Where breeding and productive poultry other than ratites, 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 Regulation, sampling for testing and the testing itself must be carried out in accordance with Annex III.

  3. 3.

    Hatching eggs for import into F122Great Britain shall bear the name of the third country of origin and the word ‘hatching’ that is more than 3mm high F123in English, whether or not it also appears in other languages.

  4. 4.

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

    1. (a)

      the information shown on the eggs as provided for in point 3;

    2. (b)

      the species of poultry from which the eggs come;

    3. (c)

      the consignor's name or business name and address.

  5. 5.

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

    1. (a)

      the name of the third country, territory, zone or compartment of origin;

    2. (b)

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

    3. (c)

      the distinguishing number of the hatchery;

    4. (d)

      the consignor's name or business name and address.

II.Requirements applicable after imports

  1. 1.

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

    1. (a)

      for a period of at least six weeks; or

    2. (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 Annex III have been carried out with favourable results.

  2. 2.

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

    F124...

  3. 3.

    During the relevant periods, as referred to in points 1 and 2, imported breeding and productive poultry and day-old chicks and breeding and productive poultry other than ratites which have 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 relevant periods referred to in points 1 and 2 shall commence from the date of introduction of the last imported bird and no poultry present shall be moved from the poultry houses before the end of those periods.

  4. 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 points 1 and 2 shall commence from the date of introduction of the last imported hatching egg.

  5. 5.

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

ANNEX IX(as referred to in Article 14(1)(b))RATITES FOR BREEDING AND PRODUCTION, HATCHING EGGS AND DAY-OLD CHICKS THEREOF

I.Requirements applicable before import

  1. 1.

    Imported ratites for breeding and production (ratites) shall be identified by neck-tags and/or microchips bearing the ISO code of the third country of origin. Such microchips must comply with ISO standards.

  2. 2.

    Imported hatching eggs of ratites 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. 3.

    Each package of hatching eggs as referred to in point 2 shall contain only eggs of ratites from the same third country, territory, zone or compartment of origin and consignor, and shall bear at least the following particulars:

    1. (a)

      the information shown on the eggs as provided for in point 2;

    2. (b)

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

    3. (c)

      the consignor’s name or business name and address.

  4. 4.

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

    1. (a)

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

    2. (b)

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

    3. (c)

      the consignor’s name or business name and address.

II.Requirements applicable after import

  1. 1.

    After the import controls have been carried out in accordance with F125Regulation (EU) 2017/625, consignments of ratites and hatching eggs and day-old chicks thereof shall be transported directly to the final destination.

  2. 2.

    Imported ratites and day-old chicks thereof shall be kept on the establishment(s) of destination from their date of arrival:

    1. (a)

      for a period at least six weeks; or

    2. (b)

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

  3. 3.

    F126Ratites which have 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 for at least three weeks on the establishment(s) to which they have been sent after hatching.

    F127...

  4. 4.

    During the relevant periods as referred to in points 2 and 3, imported ratites and ratites which have hatched from imported hatching eggs shall be kept in isolation in poultry houses where no other ratites or poultry are present.

    However, they may be introduced into poultry houses where other ratites or poultry are already present. In that case, the periods referred to in points 2 and 3 shall commence from the date of introduction of the last imported ratite and no ratites or poultry present shall be moved from the poultry housing before the end of those periods.

  5. 5.

    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 points 2 and 3 shall commence from the date of introduction of the last imported hatching egg and the measures as provided for in those points shall apply.

  6. 6.

    No later than the date of expiry of the relevant periods as referred to in point 2 or 3, imported ratites and day-old chicks thereof shall undergo a clinical examination carried out by an official veterinarian and, where necessary, samples shall be taken to monitor their state of health.

III.Requirements for ratites for breeding and production and day-old chicks thereof from Asia and Africa applicable on their import into F128Great Britain

The protective measures for Crimean-Congo haemorrhagic fever set out in Part I of Annex X shall apply to ratites for breeding and production and day-old chicks thereof coming from third countries, territories, zones or compartments 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 birds of the same consignment shall be retested by the competitive ELISA test 21 days after the date of the original sampling. Where any bird tests positive all birds in the same consignment shall be destroyed.

IV.Requirements for ratites for breeding and production from a third country, territory or zone considered to be infected with Newcastle disease

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

  1. (a)

    before the date the isolation period begins, the competent authority shall check the isolation facilities as referred to in point 4 of Part II of this Annex to verify whether they are satisfactory;

  2. (b)

    during the relevant periods as referred to in points 2 and 3 of Part II of this Annex a virus isolation test for Newcastle disease shall be carried out on a cloacal swab or faeces sample from each ratite;

  3. (c)

    F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. (d)

    negative results of the tests provided for in F130point (b) shall be available before any bird is released from isolation.

ANNEX X(as referred to in Article 17)PROTECTIVE MEASURES IN RELATION TO CRIMEAN-CONGO HAEMORRHAGIC FEVER

I.For ratites

The competent authority shall ensure that the ratites are isolated in rodent-proof, tick-free surroundings for at least 21 days prior to the date of import into F131Great Britain.

Before moving to the tick-free surroundings, the ratites shall be treated to ensure that all ectoparasites on them are destroyed. After 14 days in tick-free surroundings, the ratites shall undergo the competitive ELISA test for antibodies to Crimean-Congo haemorrhagic fever. Every animal put into isolation must test negative to the test. On the ratites' arrival in F131Great Britain, the treatment for ectoparasites and the serological test shall be repeated.

II.For ratites from which meat for import is derived

The competent authority shall ensure that the ratites are isolated in rodent-proof, tick-free surroundings for at least 14 days prior to the date of slaughter.

Before moving to the tick-free surroundings, the ratites shall either be examined to verify that they are tick-free or treated to ensure that all ticks on them are destroyed. The treatment used must be specified on the import certificate. Any treatment used shall not result in any detectable residues in the ratite meat.

Each batch of ratites shall be examined for ticks prior to slaughter. If any ticks are detected, the entire batch shall again be put into pre-slaughter isolation.

F132 ANNEX XI (as referred to in Article 18(2))

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

ANNEX XII(as referred to in F133Article 19)CORRELATION TABLE

This Regulation

Decision 2006/696/EC

Decision 94/438/EC

Decision 93/342/EEC

Article 1(1) first subparagraph

Article 1 first subparagraph

Article 1(1) second subparagraph

Article 5

Article 1(2)

Article 1 second subparagraph

Article 1(3)

Annex I and II (part1)

Article 2 (1-5)

Article 2 (a-e)

Article 2 (6)

Article 2 (m)

Article 2 (7)

Article 2 (j)

Article 2 (8)

Article 2 (k)

Article 2 (9)

Article 2 (l)

Article 2 (10)

Article 2 (11)

Article 2 (12) (a-c)

Article 2 (g)

Article 2 (12) (d)

Article 2 (13)

Article 2 (h)

Article 2 (14)

Article 2 (f)

Article 2 (15)

Article 2 (16)

Article 2 (17)

Article 2 (18)

Article 2 (19)

Article 2 (20)

Article 3

Article 5

Article 4 first subparagraph

Article 5 and 3

Article 4 second subparagraph

Annex I part 3

Article 4 third subparagraph

Article 3 second subparagraph

Article 5

Article 4

Article 6

Article 7 (a)

Article 2 (h)

Article 7 (b)

Article 2 (g)

Article 7 (c)

Article 2 (i)

Article 8

Article 9

Article 10

Article 11

Article 12

Article 4 (1) (2)

Article 4 (1) (2)

Article 13

Article 4 (3)

Article 4 (4)

Article 14 (1) (a)

Article 9

Article 14 (1) (b)

Article 11

Article 14 (2)

Article 15

Article 18

Article 16

Article 8

Article 17

Article 16 (2)

Article 18 (1)

Article 18 (2)

Article 19 (b)

Article 18 (3)

Article 19

Article 19

Article 20

Article 20

Article 21

Article 22

Annex I

Annex I and II

Annex II

Annex I part 3

Annex III (I) (1-6)

Annex I part 4 (A)

Annex III (I) (7)

Annex III (II), (III)

Annex I part 4 (B)

Annex IV

Annex V

Annex VI

Annex B

Annex VII (I)

Article 7

Annex VII (II)

Annex

Annex VIII (I)

Article 9

Annex VIII (II)

Article 10

Annex IX (I)

Article 11

Annex IX (II)

Article 12

Annex IX (III)

Article 13

Annex IX (IV)

Article 14

Annex X

Annex V

Annex XI

Annex IV

Annex XII