Commission Regulation (EC) No 798/2008Show full title

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down veterinary certification requirements for imports into and transit, including storage during transit, through [F1 Great 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 [F2 and 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 [F3 Great 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 [F4 agreements between the United Kingdom and] third countries.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(2)(a)(i) (with regs. 69-71)

F2 Words in Art. 1(1) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(2)

F3 Words in Art. 1(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(2)(a)(ii) (with regs. 69-71)

F4 Words in Art. 1(3) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(2)(b) (with regs. 69-71)

Article 2 U.K. Definitions

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

1.

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

2.

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

3.

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

4.

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

5.

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

(a)

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

(b)

the restocking of supplies of game;

6.

‘specified pathogen-free eggs’ means hatching eggs which are derived from ‘chicken flocks free from specified pathogens’, as described in the European Pharmacopoeia(1), and which are intended solely for diagnostic, research or pharmaceutical use;

7.

‘meat’ means edible parts of the following animals:

(a)

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

(b)

wild game-birds that are hunted for human consumption;

(c)

ratites;

8.

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

9.

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

10.

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

11.

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

12.

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

(a)

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

(b)

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

(c)

rearing establishment either:

(i)

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

(ii)

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

(d)

keeping of other productive poultry;

13.

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

14.

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

15.

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

(a)

of the subtypes H5 or H7;

(b)

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

(c)

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

16.

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

(a)

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

(b)

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

17.

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

18.

‘Newcastle disease’ means an infection of poultry:

(a)

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

(b)

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

19.

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

20.

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

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:

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers.

22.

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

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.]

Textual Amendments

F5 Art. 2(21)(22) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(3) (with regs. 69-71)

F6 Art. 2(23) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(3)

[F7 Article 2a U.K. Code 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.]

Textual Amendments

F7 Art. 2a inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(4)

CHAPTER II U.K. GENERAL CONDITIONS FOR IMPORTS AND TRANSIT

Article 3 U.K. F8 ... Third countries, territories, zones or compartments of origin from which commodities may be imported into and transit through [F9 Great Britain]

The commodities shall only be imported into and transit through [F10 Great Britain] from [F11 such of the third countries] listed in [F12 column 1] of the table in Part 1 of Annex I [F13 or 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].

Textual Amendments

F8 Words in Art. 3 heading omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(5)(a)

F9 Words in Art. 3 heading substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(4)(a) (with regs. 69-71)

F10 Words in Art. 3 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(4)(b) (with regs. 69-71)

F11 Words in Art. 3 substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(5)(b)

F12 Words in Art. 3 substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(5)(c)

F13 Words in Art. 3 inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(5)(d)

Article 4 U.K. Veterinary certification

[F14 1. 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, [F15 in 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 [F16 Great Britain] shall be accompanied by:

(a) a veterinary certificate as referred to in paragraph 1 which shall bear the words ‘for transit through [F17 Great 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 [F18 Great 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 [F20 Commission Delegated Regulation (EU) 2019/2124].

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

Textual Amendments

F14 Art. 4(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(a) (with regs. 69-71)

F15 Words in Art. 4(2) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(b) (with regs. 69-71)

F16 Words in Art. 4(3) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(c)(i) (with regs. 69-71)

F17 Words in Art. 4(3)(a) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(c)(ii) (with regs. 69-71)

F18 Words in Art. 4(4) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(d)(i) (with regs. 69-71)

F19 Words in Art. 4(4) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(d)(ii) (with regs. 69-71)

F20 Words in Art. 4(5) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(e) (with regs. 69-71)

F21 Words in Art. 4(6) omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(5)(f) (with regs. 69-71)

[F22 Article 4a U.K. Publication 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.]

Textual Amendments

F22 Art. 4a inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(6)

[F23 Article 5 U.K. Conditions for imports and transit

1. Commodities imported into and transiting through [F24 Great Britain] shall comply with the following:

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

(b) [F25 any 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) [F26 such 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, [F27 such 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 [F28 such 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) [F30 subject to paragraph 3, such conditions] in relation to the approval of a salmonella control programme and related restrictions [F31 such 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 [F32 appropriate authority] and referred to in the certificate.

[F33 1A. 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 [F34 to 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].]

[F35 3. 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.]

Textual Amendments

F23 Substituted by Commission Implementing Regulation (EU) 2015/2258 of 4 December 2015 amending Regulation (EC) No 798/2008 as regards imports and transit of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof (Text with EEA relevance).

F24 Words in Art. 5(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(6)(a) (with regs. 69-71)

F25 Art. 5(1)(b) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(i)

F26 Words in Art. 5(1)(c) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(ii)(aa)

F27 Words in Art. 5(1)(c) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(ii)(bb)

F28 Words in Art. 5(1)(c) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(ii)(cc)

F29 Words in Art. 5(1)(c) omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(ii)(dd)

F30 Words in Art. 5(1)(d) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(iii)(aa)

F31 Words in Art. 5(1)(d) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(a)(iii)(bb)

F32 Words in Art. 5(1)(e) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(6)(b) (with regs. 69-71)

F33 Art. 5(1A) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(b)

F34 Words in Art. 5(2)(b) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(c)

F35 Art. 5(3) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(7)(d)

[F36 Article 6 U.K. Examination, 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.]

Textual Amendments

F36 Art. 6 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(7) (with regs. 69-71)

Article 7 U.K. Disease reporting requirements

Commodities shall only be imported into [F37 Great Britain] from third countries, territories, zones or compartments, where the third country concerned:

(a)

[F38 informs the [F39 appropriate authority] of the disease situation within 24 hours of confirmation of any initial outbreaks of LPAI, HPAI or Newcastle disease;

(b)

submits virus isolates from initial outbreaks of HPAI and Newcastle disease, without undue delay to [F40 a laboratory which has been approved by the appropriate authority as a national reference laboratory,] for avian influenza and Newcastle disease (2); 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 [F41 Great Britain] is authorised;]

(c)

submits to the [F42 appropriate authority] regular updates on the disease situation.

Textual Amendments

F37 Words in Art. 7 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(8)(a) (with regs. 69-71)

F38 Substituted by Commission Regulation (EC) No 411/2009 of 18 May 2009 amending Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (Text with EEA relevance).

F39 Words in Art. 7(a) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(8)(b) (with regs. 69-71)

F40 Words in Art. 7(b) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(8)(c)(i) (with regs. 69-71)

F41 Words in Art. 7(b) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(8)(c)(ii) (with regs. 69-71)

F42 Words in Art. 7(c) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(8)(d) (with regs. 69-71)

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

Article 8 U.K. Avian influenza free third countries, territories, zones or compartments

1. For the purposes of this Regulation, a third country, territory, zone or compartment from which commodities are imported into [F43 Great 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.

Textual Amendments

F43 Words in Art. 8(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(9) (with regs. 69-71)

Article 9 U.K. HPAI free third countries, territories, zones and compartments

1. For the purposes of this Regulation, a third country, territory, zone or compartment from which commodities are imported into [F44 Great 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).

Textual Amendments

F44 Words in Art. 9(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(10) (with regs. 69-71)

Article 10 U.K. Avian influenza surveillance programmes

Where an avian influenza surveillance programme is required in the certificate, commodities shall only be imported into [F45 Great Britain] from third countries, territories, zones or compartments where:

(a)

the third country, territory, zone or compartment has had in place for a period of at least six months an avian influenza surveillance programme, which is indicated [F46 by 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:

(i)

set out in Part I of Annex IV; or

(ii)

of the Terrestrial Animal Health Code of the OIE(3);

(b)

the third country informs the [F47 appropriate authority] of any changes to its avian influenza surveillance programme.

Textual Amendments

F45 Words in Art. 10 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(11)(a) (with regs. 69-71)

F46 Words in Art. 10(a) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(8)

F47 Words in Art. 10(b) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(11)(b) (with regs. 69-71)

Article 11 U.K. Vaccination against avian influenza

Where vaccination against avian influenza is carried out in third countries, territories, zones or compartments, poultry or other commodities derived from vaccinated poultry shall only be imported into [F48 Great Britain], where:

(a)

the third country carries out vaccination against avian influenza in accordance with a vaccination plan indicated [F49 by 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;

(b)

the third country informs the [F50 appropriate authority] of any changes to its avian influenza vaccination plan.

Textual Amendments

F48 Words in Art. 11 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(12)(a) (with regs. 69-71)

F49 Words in Art. 11(a) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(9)

F50 Words in Art. 11(b) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(12)(b) (with regs. 69-71)

Article 12 U.K. Newcastle disease free third countries, territories, zones and compartments

1. For the purposes of this Regulation, a third country, territory, zone or compartment from which commodities are imported into [F51 Great 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):

(i)

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

(ii)

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

Textual Amendments

F51 Words in Art. 12(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(13) (with regs. 69-71)

Article 13 U.K. Derogations concerning the use of vaccines against Newcastle disease

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

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

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

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 [F52 Great 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.

Textual Amendments

F52 Words in Art. 13(2) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(14) (with regs. 69-71)

CHAPTER IV U.K. SPECIFIC CONDITIONS FOR IMPORTS

[F23 Article 14 U.K. 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.]

Textual Amendments

F23 Substituted by Commission Implementing Regulation (EU) 2015/2258 of 4 December 2015 amending Regulation (EC) No 798/2008 as regards imports and transit of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof (Text with EEA relevance).

Article 15 U.K. Specific conditions for imports of specified pathogen-free eggs

In addition to the requirements provided for in Articles 3 to 6, specified pathogen-free eggs imported into [F53 Great Britain] shall comply with the following requirements:

(a)

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

(b)

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

(i)

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

(ii)

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

(iii)

the consignor’s name or business name and address.

(c)

specified pathogen-free eggs imported into [F54 Great Britain] must be transported directly to their final destination after import controls have been completed satisfactorily.

Textual Amendments

F53 Words in Art. 15 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(15)(a) (with regs. 69-71)

F54 Words in Art. 15(c) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(15)(b) (with regs. 69-71)

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

Poultry and day-old chicks imported into [F55 Great Britain] shall not be:

(a)

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

(b)

in the course of transport to [F56 Great 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 [F56 Great Britain] are not authorised.

Textual Amendments

F55 Words in Art. 16 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(16)(a) (with regs. 69-71)

F56 Words in Art. 16(b) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(16)(b) (with regs. 69-71)

Article 17 U.K. Specific conditions for imports of meat of ratites

Only meat derived from ratites which have undergone the protective measures in relation to Crimean-Congo haemorrhagic fever, laid down in Part II of Annex X, may be imported into [F57 Great Britain].

Textual Amendments

F57 Words in Art. 17 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(17) (with regs. 69-71)

F58 CHAPTER V U.K. SPECIFIC CONDITIONS FOR TRANSIT

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Textual Amendments

F58 Ch. 5 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(18) (with regs. 69-71)

CHAPTER VI U.K. TRANSITIONAL AND FINAL PROVISIONS

[F59 Article 18b U.K. Matters 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—

(i)

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

(ii)

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

(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.]

Textual Amendments

F59 Art. 18b inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 3(10)

Article 19 U.K. Repeals

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

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

F60 Article 20 U.K. Transitional provisions

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

Textual Amendments

F60 Art. 20 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(19) (with regs. 69-71)

Article 21 U.K. Entry into force

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

F61 ...

Textual Amendments

F61 Words in Art. 21 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 53(20) (with regs. 69-71)

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