THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(1), and in particular Articles 23(1), 24(2), 25, 26(2) and 28(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 798/2008(2) lays down veterinary certification requirements for imports into and transit through the Union of poultry, hatching eggs, day-old chicks and specified pathogen-free eggs (‘the commodities’). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto.
(2) Article 5(1) and (3) of that Regulation lay down the animal and public health conditions for imports and transit of commodities which according to Article 5(2) shall not apply to consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof.
(3) Article 5(3)(d) of that Regulation refers to restrictions in relation to the approval by the Commission of a salmonella control programme under Regulation (EC) No 2160/2003 of the European Parliament and of the Council(3) for imports of certain commodities from third countries. The salmonella control status and related restrictions are indicated in column 9 of the table in Part 1 of Annex I to Regulation (EC) No 798/2008.
(4) Article 1(3) of Regulation (EC) No 2160/2003 states that this Regulation does not apply to primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer.
(5) Article 14(1) of Regulation (EC) No 798/2008 lays down the specific conditions for imports of certain commodities as regards the requirements after import as detailed in Annexes VIII and IX to that Regulation. According to Article 14(2) these conditions shall not apply to consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof.
(6) In order to ensure a uniform application of Union legislation to imports of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof, it is appropriate to amend Articles 5 and 14 of Regulation (EC) No 798/2008 in order to define which conditions should be met for such consignments.
(7) The amendment to Article 5 should provide that the requirements of Articles 6 and 7 for laboratory testing procedures and disease reporting applicable for imports of poultry other than ratites, hatching eggs and day-old chicks thereof, should also be met for imports into and transit through the Union of single consignments of less than 20 units of these commodities as these measures significantly reduce the risk of disease introduction via these commodities.
(8) Article 5 should also be amended to indicate that the conditions concerning the approval of a salmonella control programme and related restrictions for imports and transit do not apply to primary production of poultry for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer. However, a laboratory test as laid down in Annex III to Regulation (EC) No 798/2008 should be carried out before dispatch of such consignments.
(9) With regard to the third country's salmonella control status a footnote (6) should be inserted in column 9 of Part 1 of Annex I to Regulation (EC) No 798/2008 indicating that compliance with salmonella control programmes is not required under the above conditions.
(10) In view of scientific developments in laboratory techniques and due to new legal requirements, the requirements for sampling and testing for ‘Salmonella of public health significance’ laid down in point 7 of Section I of Annex III to Regulation (EC) No 798/2008 should be updated and refer to the sampling protocol laid down in point 2.2 of the Annex to Commission Regulation (EU) No 200/2010(4).
(11) The veterinary certificates for imports and transit of breeding and productive poultry (BPP), day-old chicks (DOC) and hatching eggs (HEP) do not foresee certification for the specific requirements that must be met for consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof. It is therefore appropriate to establish a model veterinary certificate ‘LT20’ which contains the animal and public health requirements applicable to such consignments.
(12) Part 1 of Annex I to Regulation (EC) No 798/2008 should be amended to indicate in column 4 from which third countries, territories, zones or compartments, imports of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof may be authorised in accordance with the requirements set out in the model veterinary certificate ‘LT20’.
(13) In addition, outdated references to Union acts in Annexes III, VIII and IX to Regulation (EC) No 798/2008 should be updated.
(14) Regulation (EC) No 798/2008 should therefore be amended accordingly.
(15) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
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 (OJ L 226, 23.8.2008, p. 1).
Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (OJ L 325, 12.12.2003, p. 1).
Commission Regulation (EU) No 200/2010 of 10 March 2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus (OJ L 61, 11.3.2010, p. 1).