Council Directive of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (90/539/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission⁽¹⁾,

Having regard to the opinion of the European Parliament⁽²⁾,

Having regard to the opinion of the Economic and Social Committee⁽³⁾,

1. Whereas poultry, being live animals, and hatching eggs, being animal products, are included in the list of products in Annex II to the Treaty;

2. Whereas, in order to ensure the rational development of poultry production, thereby increasing productivity in that sector, certain animal health rules governing intra-Community trade in poultry and hatching eggs must be laid down at Community level;

3. Whereas the breeding and rearing of poultry is included in the farming sector; whereas it constitutes a source of income for part of the farming population;

4. Whereas disparities as regards animal health conditions in the Member States should be eliminated in order to encourage intra-Community trade in poultry and hatching eggs, thus contributing to the completion of the internal market;

5. Whereas, in order to encourage the harmonious development of intra-Community trade, a Community system should be laid down to govern import from third countries;

6. Whereas the provisions of this Directive should not, in principle, apply to specific trade such as exhibitions, shows and contests;

7. Whereas this Directive should cover trade in quails, pigeons, ducks, pheasants and partridges reared for breeding or consumption;

8. Whereas, in view of the nature of modern poultry farming, the best way to promote the harmonious development of intra-Community trade in poultry and hatching eggs is to monitor production establishments;

9. Whereas it should be left to the competent authorities of the Member States to approve establishment which satisfy the conditions laid down in this Directive and to ensure that the conditions are applied;

10. Whereas Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks⁽⁴⁾, as last amended by Regulation (EEC) No 3987/87⁽⁵⁾, provides for the granting of a distinguishing registration number to each production establishment and for the marking of hatching eggs; whereas Commission Regulation (EEC) No 1868/77⁽⁶⁾, as last amended by Regulation (EEC) No 1351/87⁽⁷⁾, lays down detailed rules for the application of the said Regulation; whereas, for practical reasons, the same criteria for identifying production establishments and marking hatching eggs should be adopted for the purposes of this Directive;

11. Whereas, in order to be the subject of intra-Community trade, poultry and hatching eggs must satisfy certain animal health requirements, so as to avoid the spread of contagious diseases;

12. Whereas, however, it is appropriate to postpone laying down the control rules applicable to combating avian influenza and Newcastle disease;

13. Whereas transport conditions should be laid down for the same reason;

14. Whereas provision should be made for allowing the Commission to approve certain additional requirements in the light of the progress made by a Member State in eradicating certain poultry diseases, provided that those requirements in no case exceed those applied nationally by the Member State concerned; whereas, in this context, it could prove desirable to determine the status of the Member States or regions thereof with regard to certain diseases likely to affect poultry;

15. Whereas, although intra-Community trade transactions in very small quantities cannot, for practical reasons, be subject to all the Community requirements, certain essential rules should be complied with;

16. Whereas, to ensure that the prescribed requirements are satisfied, provision must be made for the issue by an official veterinarian of a health certificate to accompany the poultry and hatching eggs to their destination;

17. Whereas, in respect of the organization of, and the follow-up to, the checks to be carried out by the Member State of destination and the safeguard measures to be implemented, reference should be made to the general rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market⁽⁸⁾;

18. Whereas provision should be made for checks to be carried out by the Commission in cooperation with the competent authorities of Member States;

19. Whereas defining Community arrangements applicable to imports from third countries requires a list to be drawn up of third countries or parts of third countries from which poultry and hatching eggs may be imported;

20. Whereas the choice of these countries must be based on criteria of a general nature such as the state of health of the poultry and other livestock, the organization and powers of the veterinary services and the health regulations in force;

21. Whereas, in addition, importation of poultry and hatching eggs should not be authorized from countries which are infected with contagious poultry diseases presenting a risk to Community livestock or which have been free from such diseases for too short a period;

22. Whereas the general conditions applicable to importation from third countries must be supplemented by special conditions drawn up on the basis of the health situation in each of them; whereas, owing to the technical nature and the diversity of the criteria on which these special conditions depend, recourse must be had, in order to define them, to the Standing Veterinary Committee;

23. Whereas the presentation of a standard form of certificate upon importation of poultry and hatching eggs constitutes an effective means of verifying that the Community rules are being applied; whereas such rules may include special provisions which may vary according to the third country concerned; whereas this must be taken into account in drawing up the standard forms of certificate;

24. Whereas Commission veterinary experts should be responsible for verifying that the rules are observed in third countries;

25. Whereas the checks carried out upon importation must cover the origin and the state of health of the poultry and hatching eggs;

26. Whereas Member States must be allowed, on the arrival of poultry and hatching eggs in the territory of the Community and during transit to their place of destination, to take all measures, including slaughter and disposal, required for the purpose of safeguarding public and animal health;

27. Whereas the rules and general principles governing checks on poultry and hatching eggs will be determined later as part of the measures to be taken to bring about the internal market;

28. Whereas every Member State must have the right to place an immediate prohibition on imports from a third country when such imports may be dangerous for human and animal health; whereas, in such a case, coordination of the attitudes of the Member States with regard to that third country must be ensured without delay, without prejudice to possible amendments to the list of countries authorized to export to the Community;

29. Whereas the constant development of poultry-rearing techniques means that periodic changes in the methods of poultry-disease control will have to be made;

30. Whereas the provisions of this Directive should be revised in connection with the completion of the internal market;

31. Whereas provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Veterinary Committee,

HAS ADOPTED THIS DIRECTIVE: