Annexes to COM(2009)227 - Animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version) - Main contents

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dossier	COM(2009)227 - Animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for ...
document	COM(2009)227
date	November 30, 2009

Annex VI, Part A.

(4) OJ L 299, 16.11.2007, p. 1.

(5) OJ L 168, 28.6.2008, p. 5.

(6) OJ L 224, 18.8.1990, p. 29.

(7) OJ L 184, 17.7.1999, p. 23.

(8) OJ L 139, 30.4.2004, p. 321.

(9) OJ L 378, 31.12.1982, p. 58.

(10) OJ L 243, 11.10.1995, p. 25.

(11) OJ L 260, 5.9.1992, p. 1.

(12) OJ L 94, 31.3.2004, p. 44.

(13) OJ L 10, 14.1.2006, p. 16.

(14) OJ L 395, 30.12.1989, p. 13.

(15) OJ L 31, 1.2.2002, p. 1.

ANNEX I

The national reference laboratories for avian diseases designated in accordance with Article 4 shall be responsible in each Member State for coordinating the diagnostic methods provided for in this Directive. To this end:

(a)	they may supply approved laboratories with the reagents needed for diagnostic testing;

(b)	they shall monitor the quality of reagents used by the laboratories approved for the purpose of carrying out the diagnostic tests provided for in this Directive;

(c)	they shall organise periodic comparative tests.

ANNEX II

APPROVAL OF ESTABLISHMENTS

CHAPTER I

GENERAL RULES

1. In order to be approved by the competent authority for the purposes of intra-Community trade, establishments must:

(a)	satisfy the conditions as regards facilities and operation set out in Chapter II;

(b)	apply and adhere to a disease surveillance programme approved by the competent central veterinary authority, taking into account the requirements of Chapter III;

(c)	provide every facility for the carrying out of the operations listed in point (d);

(d)

be subject to the supervision of the competent veterinary authority within the context of an organised form of animal health monitoring. Such monitoring shall include in particular:

—	at least one inspection visit per year by the official veterinarian, supplemented by checks to verify the application of hygiene measures and the operation of the establishment in accordance with the conditions in Chapter II,

—	the recording by the farmer of all the information necessary for the continuous monitoring of the health status of the establishment by the competent veterinary authority,

(e)	contain only poultry.

2. The competent authority shall give each establishment which complies with the conditions laid down in point 1 a distinguishing number, which may be the same as that given pursuant to Regulation (EC) No 1234/2007.

CHAPTER II

FACILITIES AND OPERATION

Pedigree breeding, breeding and rearing establishments

1. Facilities

(a)

The setting and layout of the facilities must be compatible with the type of production pursued, ensuring that the introduction of disease can be prevented or, if an outbreak occurs, that it can be controlled. If an establishment houses several species of poultry, there must be a clear separation between them.

(b)	The facilities must provide good conditions of hygiene and allow health monitoring to be carried out.

(c)	The equipment must be compatible with the type of production pursued, and allow cleansing and disinfection of the facilities and of vehicles for transporting poultry and eggs at the most suitable spot.

2. Rearing

(a)	Rearing techniques must be based as far as possible on the ‘protected rearing’ principle and on the ‘all-in/all-out’ principle. Cleansing, disinfection and depopulation must be carried out between batches.

(b)

Pedigree-breeding, breeding and rearing establishments must house only poultry:

—	from the establishment itself, and/or,

—	from other pedigree-breeding, breeding or rearing establishments in the Community approved in accordance with Article 6(a)(i), and/or,

—	imported from third countries in accordance with this Directive,

(c)	Hygiene rules must be drawn up by the management of the establishment; personnel must wear appropriate working clothing and visitors protective clothing.

(d)	Buildings, pens and equipment must be kept in good repair.

(e)	Eggs must be collected several times a day, and must be clean and be disinfected as soon as possible.

(f)

The farmer must notify the authorised veterinarian of any variation in production performance or any other sign suggesting the presence of a contagious poultry disease. As soon as disease is suspected, the authorised veterinarian must send the samples needed for making or confirming the diagnosis to an approved laboratory.

(g)

A flock history, register or data medium must be kept for each flock for at least two years after the disposal of the flock and must show:

—	arrivals and departures,

—	production performance,

—	morbidity and mortality with causes,

—	any laboratory tests and the results thereof,

—	the place of origin of the poultry,

—	the destination of eggs,

(h)	Where a contagious poultry disease occurs, the results of laboratory tests must be communicated immediately to the authorised veterinarian.

Hatcheries

1. Facilities

(a)

A hatchery must be physically and operationally separate from rearing facilities. The layout must be such as to allow the various functional units listed below to be kept separate:

—	egg storage and grading,

—	disinfection,

—	pre-incubation,

—

hatching,

—	preparation and packaging of goods for dispatch,

(b)

Buildings must be protected against birds coming from outside and rodents; floors and walls must be of hard-wearing, impervious and washable materials; natural or artificial lighting and air flow and temperature systems must be of an appropriate type; provision must be made for the hygienic evacuation of waste (eggs and chicks).

(c)	Equipment must have smooth and waterproof surfaces.

2. Operation

(a)	Operation must be based on a one-way circuit for eggs, mobile equipment and personnel.

(b)

Hatching eggs must be:

—	from Community pedigree breeding or breeding establishments approved in accordance with Article 6(a)(i),

—	imported from third countries in accordance with this Directive,

(c)	Hygiene rules must be drawn up by the management of the establishment; personnel must wear appropriate working clothing and visitors protective clothing.

(d)	Buildings and equipment must be kept in good repair.

(e)

The following must be disinfected:

—	eggs, between the time of their arrival and the incubation process,

—	the incubators, regularly,

—	hatchers and equipment, after the hatching of each batch,

(f)	A programme of microbiological quality control must be used to assess the health status of the hatchery.

(g)

The farmer must notify the authorised veterinarian of any variation in production performance or any other sign suggesting the presence of a contagious poultry disease. As soon as contagious disease is suspected, the authorised veterinarian must send the samples needed for making or confirming the diagnosis to an approved laboratory and inform the competent veterinary authority, which shall decide on appropriate measures to be taken.

(h)

A flock history, register or data medium for the hatchery must be kept for at least two years showing, if possible by flock:

—	the origin of the eggs and their arrival date,

—	hatching yields,

—	any abnormalities,

—	any laboratory tests and the results thereof,

—	details of any vaccination programmes,

—	the number and the destination of incubated eggs which have not hatched,

—	the destination of day-old chicks,

(i)	Where a contagious poultry disease occurs, the results of laboratory tests must be communicated immediately to the authorised veterinarian.

CHAPTER III

DISEASE SURVEILLANCE PROGRAMME

Without prejudice to health measures and to Articles 16 and 17, disease surveillance programmes must, as a minimum, comprise surveillance of the infections and species listed below.

Salmonella pullorum, Salmonella gallinarum and Salmonella arizonae infections

1. Species concerned

(a)	Salmonella pullorum et gallinarum: fowls, turkeys, guinea fowls, quails, pheasants, partridges and ducks.

(b)	Salmonella arizonae: turkeys.

2. Disease surveillance programme

(a)	Serological and/or bacteriological tests must be used to determine whether an infection is present.

(b)	Samples for testing must be taken, as appropriate, from blood, second-grade chicks, down or dust taken from hatchers, swabs taken from the walls of the hatchery, litter or water from a drinker.

(c)

When blood samples are taken from a flock for serological testing for Salmonella pullorum or Salmonella arizonae, prevalence of infection in the country concerned and its past incidence in the establishment must be allowed for in determining the number of samples to be taken.

Flocks must be inspected during each laying period at the best time for detecting the disease.

Mycoplasma gallisepticum and Mycoplasma meleagridis infections

1. Species concerned

(a)	Mycoplasma gallisepticum: fowls and turkeys.

(b)	Mycoplasma meleagridis: turkeys.

2. Disease surveillance programme

(a)	Presence of infection must be tested by serological and/or bacteriological testing and/or by the presence of air sacculitis lesions in day-old chicks and turkey poults.

(b)	Samples for testing must be taken, as appropriate, from blood, day-old chicks and turkey poults, sperm, or swabs taken from the trachea, the cloaca or air sacs.

(c)	Tests for detecting Mycoplasma gallisepticum or Mycoplasma meleagridis must be performed on a representative sample in order to allow continuous surveillance of the infection during rearing and laying, i.e. just before the start of laying and every three months thereafter.

C. Results and measures to be taken

If there are no reactors, the test is deemed negative. Otherwise, the flock is suspect and the measures specified in Chapter IV must be applied to it.

D. In the case of holdings which consist of two or more separate production units, the competent veterinary authority may derogate from these measures as regards healthy production units on a holding which is infected provided that the authorised veterinarian has confirmed that the structure and size of these production units and the operations carried out there are such that the production units provide completely separate facilities for housing, keeping and feeding, so that the disease in question cannot spread from one production unit to another.

CHAPTER IV

CRITERIA FOR SUSPENDING OR WITHDRAWING APPROVAL OF AN ESTABLISHMENT

1. Approval granted to an establishment must be suspended:

(a)	when the conditions laid down in Chapter II are no longer met;

(b)

until an investigation appropriate to the disease has been completed, if:

—	avian influenza or Newcastle disease are suspected at the establishment,

—	the establishment has received poultry or hatching eggs from an establishment with suspected or actual infection by avian influenza or Newcastle disease,

—	contact liable to transmit the infection has occurred between the establishment and the site of an outbreak of avian influenza or Newcastle disease,

(c)

until such time as new tests are performed, if the results of surveillance carried out in accordance with the conditions laid down in Chapters II and III for infection by Salmonella pullorum, Salmonella gallinarum, Salmonella arizonae, Mycoplasma gallisepticum or Mycoplasma meleagridis give cause to suspect infection;

(d)	until completion of the appropriate measures required by the official veterinarian, if the establishment is found not to conform with the requirements of Chapter I, point 1(a), (b) and (c).

2. Approval must be withdrawn:

(a)	if avian influenza or Newcastle disease occurs at the establishment;

(b)	if a second test of an appropriate type confirms the presence of infection by Salmonella pullorum, Salmonella gallinarum, Salmonella arizonae, Mycoplasma gallisepticum or Mycoplasma meleagridis;

(c)	if, after a second notice served by the official veterinarian, action to bring the establishment into line with the requirements of Chapter I, point 1(a), (b) and (c), has not been taken.

3. Conditions for restoring approval if:

(a)	approval has been withdrawn because of an occurrence of avian influenza or Newcastle disease, it may be restored 21 days after cleansing and disinfection if sanitary slaughter has been carried out;

(b)

approval has been withdrawn because of infection caused by:

—	Salmonella pullorum et gallinarum, or Salmonella arizonae, it may be restored after negative results have been recorded in two tests performed with an interval of at least 21 days on the establishment and after disinfection following sanitary slaughter of the infected flock,

—	Mycoplasma gallisepticum or Mycoplasma meleagridis, it may be restored after negative results have been recorded in two tests performed on the entire flock with an interval of at least 60 days,

ANNEX III

POULTRY VACCINATION CONDITIONS

1. Vaccines used for vaccinating poultry or flocks producing hatching eggs must have a marketing authorisation issued by the competent authority of the Member State in which the vaccine is used.

2. The criteria for using vaccines against Newcastle disease in the context of routine-vaccination programmes may be determined by the Commission.

ANNEX IV

VETERINARY CERTIFICATES FOR INTRA-COMMUNITY TRADE

(Models 1 to 6)

MODEL 1

MODEL 2

MODEL 3

MODEL 4

MODEL 5

MODEL 6

ANNEX V

COMPULSORILY NOTIFIABLE DISEASES

—	Avian influenza,

—	Newcastle disease,

ANNEX VI

PART A

Repealed Directive with list of its successive amendments (referred to in Article 36)

Council Directive 90/539/EEC (OJ L 303, 31.10.1990, p. 6).
Council Directive 91/494/EEC (OJ L 268, 24.9.1991, p. 35).	only Article 19(2)
Council Directive 91/496/EEC (OJ L 268, 24.9.1991, p. 56).	only as regards the reference to Directive 90/539/EEC in Article 26(2)
Council Directive 92/65/EEC (OJ L 268, 14.9.1992, p. 54).	only Article 7(B), second subparagraph
Commission Decision 92/369/EEC (OJ L 195, 14.7.1992, p. 25).
Council Directive 93/120/EC (OJ L 340, 31.12.1993, p. 35).
1994 Act of Accession, Annex I, Points V.E.I.2.A.4 (OJ C 241, 29.8.1994, p. 132).
Council Directive 1999/90/EC (OJ L 300, 23.11.1999, p. 19).
Commission Decision 2000/505/EC (OJ L 201, 9.8.2000, p. 8).	only Article 1 and Annex
Commission Decision 2001/867/EC (OJ L 323, 7.12.2001, p. 29).
Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).	only Annex III, point 13
2003 Act of Accession, Annex II, Point 6.B.I.17 (OJ L 236, 23.9.2003, p. 381).
Council Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).	only Annex, point I.3
Commission Decision 2006/911/EC (OJ L 346, 9.12.2006, p. 41).	only Annex, point 4
Commission Decision 2007/594/EC (OJ L 227, 31.8.2007, p. 33).
Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).	only Annex, point 2
Council Directive 2008/73/EC (OJ L 219, 14.8.2008, p. 40).	only Article 11

PART B

List of time-limits for transposition into national law (referred to in Article 36)

Directive	Time-limit for transposition
90/539/EEC	1 May 1992
91/494/EEC	1 May 1992
91/496/EEC	1 July 1992
92/65/EEC	31 December 1993
93/120/EC	1 January 1995
1999/90/EC	30 June 2000
2006/104/EC	1 January 2007
2008/73/EC	1 January 2010

ANNEX VII

CORRELATION TABLE

Directive 90/539/EEC	This Directive
Article 1	Article 1
Article 2, first paragraph	Article 2, first paragraph
Article 2, second paragraph, points (1) to (14)	Article 2, second paragraph, points (1) to (14)
Article 2, second paragraph, point (16)	Article 2, second paragraph, point (15)
Article 2, second paragraph, point (17)	Article 2, second paragraph, point (16)
Article 3(1)	Article 3(1), first subparagraph
Article 3(2)	Article 3(1), second subparagraph
Article 3(3), first and second indents	Article 3(2)(a) and (b)
Article 4	Article 4
Article 5(a), first subparagraph	Article 5(a), first subparagraph
Article 5(a), second subparagraph, first, second and third indents	Article 5(a), second subparagraph, (i), (ii) and (iii)
Article 5(b), (c) and (d)	Article 5(b), (c) and (d)
Article 6(1)(a), (b) and (c)	Article 6(a)(i), (ii) and (iii)
Article 6(2)	Article 6(b)
Article 6a	Article 7
Article 7, first paragraph, point (1), first indent	Article 8(1)(a)(i)
Article 7, first paragraph, point (1), second indent	Article 8(1)(a)(ii)
Article 7, first paragraph, point (1), second indent, first subindent	Article 8(1)(a)(iii), first indent
Article 7, first paragraph, point (1), second indent, second subindent	Article 8(1)(a)(iii), second indent
Article 7, first paragraph, point (2)	Article 8(1)(b)
Article 7, first paragraph, point (3)	Article 8(1)(c)
Article 7, second paragraph	Article 8(2)
Article 8	Article 9
Article 9	Article 10
Article 9a	—
Article 9b	—
Article 10	Article 11
Article 10a	Article 12
Article 10b	Article 13
Article 11(1)	Article 14(1)
Article 11(2), first to fifth indents	Article 14(2), first subparagraph, points (a) to (e)
Article 11(2), sixth indent	Article 14(2), second subparagraph
Article 11(3)	Article 14(3)
Article 12(1)(a), first, second and third indents	Article 15(1)(a)(i), (ii) and (iii)
Article 12(1)(b), first and second indents	Article 15(1)(b)(i) and (ii)
Article 12(1)(c), first, second and third indents	Article 15(1)(c)(i), (ii) and (iii)
Article 12(1)(d), first and second indents	Article 15(1)(d)(i) and (ii)
Article 12(2), first, second and third subparagraphs	Article 15(2), first, second and third subparagraphs
Article 12(2), fourth subparagraph, first, second and third indents	Article 15(2), fourth subparagraph, points (a), (b) and (c)
Article 12(2), fifth subparagraph	—
Article 12(3)(i) and (ii)	Article 15(3)(a) and (b)
Article 13(1), first to seventh indents	Article 16(1)(a) to (g)
Article 13(2), first subparagraph	Article 16(2)
Article 13(2), second subparagraph	—
Article 13(3)	Article 16(3)
Article 13(4)	—
Article 14(1), first to fifth indents	Article 17(1)(a) to (e)
Article 14(2)	Article 17(2)
Article 14(3)	Article 17(3)
Article 14(4)	—
Article 15(1), first subparagraph, first and second indents	Article 18(1)(a) and (b)
Article 15(1), second subparagraph, point (a)	Article 18(2)(a)
Article 15(1), second subparagraph, point (b), first to fourth indents	Article 18(2)(b)(i) to (iv)
Article 15(2)	Article 18(3)
Article 15(3), first and second indents	Article 18(4)(a) and (b)
Article 15(4)(a)	Article 18(5), first subparagraph
Article 15(4)(b)	Article 18(5), second subparagraph
Article 15(4)(c)	Article 18(5), third subparagraph
Article 15(5), first, second and third indents	Article 18(6)(a), (b) and (c)
Article 15(6)	Article 18(7)
Article 16	Article 19
Article 17, first to seventh indents	Article 20(a) to (g)
Article 18	Article 21
Article 20	Article 22
Article 21	Article 23
Article 22(1)	Article 24(1)
Article 22(2)	—
Article 22(3)	Article 24(2)
Article 23	Article 25
Article 24	Article 26
Article 25	Article 27
Article 26	Article 28
Article 27a	Article 29
Article 28	Article 30
Article 29(1)	Article 31
Article 30(1)	Article 32
Article 30(2)	— (1)
Article 31	—
Article 32(1)	Article 33(1)
Article 32(2)	Article 33(2)
Article 32(3)	—
Article 33(1)	—
Article 33(2)	Article 33(3)
Article 34	Article 34
Article 36	—
—	Article 35
—	Article 36
—	Article 37
Article 37	Article 38
Annex I, point 2	Annex I
Annex II, Chapters I, II and III	Annex II, Chapters I, II and III
Annex II, Chapter IV, points 1 and 2	Annex II, Chapter IV, points 1 and 2
Annex II, Chapter IV, point 3(a)	Annex II, Chapter IV, point 3(a)
Annex II, Chapter IV, point 3(b)(i) and (ii)	Annex II, Chapter IV, point 3(b), first and second indents
Annexes III, IV and V	Annexes III, IV and V
—	Annex VI
—	Annex VII

(1) Amending Directive 90/425/EEC.