Consignments of hatching eggs of poultry shall only be permitted to enter the Union if they originate from a third country or territory or zone thereof which complies with the following requirements:

1. (a)

   it has a disease surveillance programme for highly pathogenic avian influenza in place for a period of at least 6 months prior to the date of dispatch of the consignment to the Union and that surveillance programme complies with the requirements laid down in either:

   1. (i)

      Annex II to this Regulation;

      or

   2. (ii)

      the relevant Chapter of the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE);

2. (b)

   which is considered to be free from highly pathogenic avian influenza in accordance with Article 38;

3. (c)

   if it carries out vaccination against highly pathogenic avian influenza, the competent authority of the third country or territory of origin has provided guarantees that:

   1. (i)

      the vaccination programme complies with the requirements set out in Annex XIII;

   2. (ii)

      the surveillance programme referred to in point (a) of this Article, in addition to the requirements set out in Annex II, complies with the requirements set out in point 2 of Annex XIII;

   3. (iii)

      it has undertaken to inform the Commission of any change to the vaccination programme in the third country or territory or zone thereof;

4. (d)

   which:

   1. (i)

      in the case of hatching eggs of poultry other than ratites, is considered to be free from infection with Newcastle disease virus in accordance with Article 39;

   2. (ii)

      in the case of hatching eggs of ratites:

      • it is considered to be free from infection with Newcastle disease virus in accordance with Article 39,

        or

      • it is not considered to be free from infection with Newcastle disease virus in accordance with Article 39, but the competent authority of the third country or territory of origin has provided guarantees regarding compliance with the requirements for infection with Newcastle disease virus in relation to isolation, surveillance and testing, as set out in Annex XIV;

5. (e)

   if vaccination against infection with Newcastle disease virus is carried out, the competent authority of the third country or territory has provided guarantees that:

   1. (i)

      the vaccines used comply with the general and the specific criteria for vaccines against infection with Newcastle disease virus set out in point 1 of Annex XV;

      or

   2. (ii)

      the vaccines used comply with the general criteria for vaccines against infection with Newcastle disease virus set out in point 1 of Annex XV and the poultry meet the animal health requirements set out in point 2 of Annex XV for poultry and hatching eggs originating from a third country or territory or zone thereof where vaccines used against infection with Newcastle disease virus do not meet the specific criteria set out in point 1 of Annex XV;

6. (f)

   it has undertaken that following any outbreak of highly pathogenic avian influenza or an outbreak of infection with Newcastle disease virus, to submit the following information to the Commission:

   1. (i)

      information on the disease situation within 24 hours of confirmation of any initial outbreak of highly pathogenic avian influenza or infection with Newcastle disease virus;

   2. (ii)

      regular updates of the disease situation;

7. (g)

   which has undertaken to submit virus isolates from initial outbreaks of highly pathogenic avian influenza or infection with Newcastle disease virus to the European Union Reference Laboratory for Avian Influenza and Newcastle disease.