Commission Implementing Regulation (EU) No 952/2014

of 4 September 2014

amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Malaysia in the list of third countries, territories, zones or compartments with respect to highly pathogenic avian influenza and as regards the model veterinary certificates for the import of poultry, day-old chicks, hatching eggs, meat of poultry and farmed ratites and eggs

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption1, and in particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8, points 3 and 4 of Article 8 and Article 9(2)(b) and Article 9(4) thereof,
Having regard to 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 agents2, and in particular Article 10(2) thereof,
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 eggs3, and in particular Article 23(1), Article 24(2), Article 25, Article 26(2) and Article 28(1) thereof,

Whereas:

(1)
Commission Regulation (EC) No 798/20084 provides that the commodities falling within its scope of application are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.
(2)

Regulation (EC) No 798/2008 also lays down the veterinary certification requirements for the commodities concerned. Those requirements take into account whether or not specific conditions are required due to the disease status of those third countries, territories, zones or compartments. Those specific conditions, as well as the model veterinary certificates required to accompany imports of those commodities, are set out in Part 2 of Annex I to that Regulation.

(3)

Malaysia is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports of egg products and eggs for human consumption are authorised, but only from the region of the Western Peninsular (MY-1). However, the entry for that third country in that Annex indicates that imports of eggs for human consumption from that region are currently restricted for public health reasons, due to the fact that the relevant Salmonella control programme has not yet obtained EU approval in accordance with Regulation (EC) No 2160/2003 and also due to a specific condition on restrictions related to outbreaks of highly pathogenic avian influenza (HPAI).

(4)

According to the last update of the World Organisation for Animal Health (OIE) on HPAI in animals, Malaysia has been free of HPAI for more than two years. It is, therefore, appropriate to lift the animal health restrictions in relation to imports of eggs for human consumption with respect to HPAI and to update the entry for Malaysia in Part 1 of Annex I to Regulation (EC) No 798/2008 accordingly. Nevertheless, imports of eggs for human consumption should continue to be prohibited due to the remaining restrictions due to the absence of a Salmonella control programme approved by the Union.

(5)

Regulation (EC) No 798/2008 also lays down conditions for determining whether or not a third country, territory, zone or compartment is to be considered as free from Newcastle disease. One of the conditions is that no vaccination against that disease, using vaccines that do not comply with the criteria for recognised Newcastle disease vaccines set out in Annex VI to that Regulation, has been carried out, for a period of at least 12 months preceding the certification by the official veterinarian, unless the additional health requirements set out in Annex VII thereto are fulfilled. The model veterinary certificates BPP, BPR, DOC, DOR, HEP, HER, SRP and SRA set out in Part 2 of Annex I to Regulation (EC) No 798/2008 require certification of compliance and information on the use of Newcastle disease vaccines, including the name and the type of the vaccine and the date of vaccination. The current format of those models should be updated to allow a more convenient recording of that information in a tabular format.

(6)

Regulation (EC) No 798/2008 allows imports of meat of farmed ratites for human consumption into the Union from ‘registered closed ratite holdings’ in South Africa provided that the specific conditions set out in Annex I thereto are fulfilled. However, experience has shown that it is necessary to clarify the veterinary certification requirements for that commodity, in particular with respect to the occurrence of low pathogenic avian influenza (LPAI) viruses in ratite and poultry holdings. The specific condition ‘H’ and the model veterinary certificate for meat of farmed ratites for human consumption (RAT), set out in Part 2 of Annex I to Regulation (EC) No 798/2008, should therefore be amended accordingly.

(7)
Regulation (EC) No 798/2008, provides for alternative certification conditions for imports of day-old chicks and hatching eggs from Canada originating from holdings located in areas outside those placed under official restrictions for LPAI due to guarantees received from that third country and the veterinary agreement5 entered into with it. However, it is appropriate to establish veterinary certification requirements for imports of day-old chicks and hatching eggs from all third countries authorised for such imports in order to align those requirements with those being applied within the Union in the case of an LPAI outbreak, including placing an area of at least 1 km radius around an LPAI outbreak under official veterinary restrictions. It is also appropriate to apply those amended requirements for LPAI to imports of all commodities from live poultry and live ratites covered by Regulation (EC) No 798/2008 from all third countries authorised for such imports. In Parts 1 and 2 of Annex I to Regulation (EC) No 798/2008, the specific condition indicated as ‘L’ should therefore be deleted and the model veterinary certificates BPP, BPR, DOC, DOR, HEP, HER, SRP and SRA should be amended accordingly.
(8)

Regulation (EC) No 2160/2003 lays down rules for the control of Salmonella in different poultry populations in the Union. It provides that admission to, or retention on, the lists of third countries provided for in Union legislation, for the relevant species or category, from which Member States are authorised to import those poultry or hatching eggs covered by that Regulation is subject to the submission to the Commission by the third country concerned of a control programme for Salmonella with equivalent guarantees to those contained in the national control programmes for Salmonella in the Member States. Relevant guarantees and information in that regard are also included in the relevant model veterinary certificates for those commodities set out in Part 2 of Annex I to Regulation (EC) No 798/2008. For the purpose of convenience, the indication and attestation of those guarantees in model veterinary certificates: BPP, DOC, HEP and SRP, set out in Part 2 of Annex I to Regulation (EC) No 798/2008, should be amended to allow the use of a tabular format.

(9)
Commission Regulation (EU) No 517/20116 repealed Commission Regulation (EC) No 1168/20067. References to Regulation (EC) No 1168/2006 in Regulation (EC) No 798/2008 should therefore be amended in order to refer instead to Regulation (EU) No 517/2011.
(10)
Regulation (EC) No 853/20048 lays down specific rules on the hygiene of food of animal origin for food business operators and the definitions which apply to them. Point 1.12 of Annex I to that Regulation lays down the definition for ‘viscera’ which includes poultry gizzards.
(11)
In addition, Commission Decision 2007/240/EC9 establishes standard models for veterinary certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Union and the certificates for transit through the Union of products of animal origin. The explanatory notes set out in Annex I to that Decision provide that the Harmonised System (HS) codes, as they appear in the World Customs Organisation's Harmonised System are to be used when completing Box I.19 of the model veterinary certificates. In that System, poultry gizzards are stomachs of animals which remain classified under HS code 05.04 even when edible.
(12)

The model veterinary certificate for meat of poultry (POU) set out in Part 2 of Annex I to Regulation (EC) No 798/2008 refers in point I.19 of Part I of the Notes to the HS headings 02.07 and 02.08. In order to include the certification for poultry gizzards, the HS code 05.04 should be added to those Notes.

(13)
Commission Implementing Regulation (EU) No 427/201210 authorises Denmark to apply the special guarantees concerning salmonella laid down in Regulation (EC) No 853/2004 to eggs intended for dispatch to that Member State. Accordingly the model veterinary certificate for eggs (E) set out in Part 2 of Annex I to Regulation (EC) No 798/2008 should be amended in order to take account of Implementing Regulation (EU) No 427/2012. In addition, the reference in that model veterinary certificate to Council Regulation (EC) No 1028/200611 should be replaced, as that Regulation has now been repealed, by a reference to Part VI of Annex VII of Regulation (EU) No 1308/201312 of the European Parliament and of the Council.
(14)

Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

(15)

A reasonable period should be allowed to elapse before the amended model veterinary certificates become mandatory in order to allow Member States and the industry to adapt to the new requirements set out in the amended model veterinary certificates.

(16)

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:

Article 1Amendment to Regulation (EC) No 798/2008

Annex I of Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

Article 2Transitional measures

For a transitional period until 14 March 2015, the introduction into the Union of consignments of commodities covered by Regulation (EC) No 798/2008, accompanied by a veterinary certificate completed in accordance with the appropriate model veterinary certificates BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, POU, RAT and E set out in Part 2 of Annex I to Regulation (EC) No 798/2008, in their versions prior to the amendments made by Article 1 of this Regulation, shall continue to be authorised, provided that the veterinary health certificate was signed before 14 January 2015.

Article 3Entry into force

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

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

Done at Brussels, 4 September 2014.

For the Commission

The President

José Manuel Barroso

ANNEX

Annex I to Regulation (EC) No 798/2008 is amended as follows:

  1. (1)

    Part 1 is replaced by the following:

    ‘PART 1List of third countries, territories, zones or compartments

    ISO code and name of third country or territory

    Code of third country, territory, zone or compartment

    Description of third country, territory, zone or compartment

    Veterinary certificate

    Specific conditions

    Specific conditions

    Avian influenza surveillance status

    Avian influenza vaccination status

    Salmonella control status

    Model(s)

    Additional guarantees

    Closing date13
    Opening date14

    1

    2

    3

    4

    5

    6

    6A

    6B

    7

    8

    9

    AL – Albania

    AL-0

    Whole country

    EP, E

    S4

    AR – Argentina

    AR-0

    Whole country

    SPF

    POU, RAT, EP, E

    A

    S4

    WGM

    VIII

    AU – Australia

    AU-0

    Whole country

    SPF

    EP, E

    S4

    BPP, DOC, HEP, SRP

    S0, ST0

    BPR

    I

    DOR

    II

    HER

    III

    POU

    VI

    RAT

    VII

    BR – Brazil

    BR-0

    Whole country

    SPF

    BR-1

    States of:

    Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul

    RAT, BPR, DOR, HER, SRA

    N

    A

    BR-2

    States of:

    Mato Grosso, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

    BPP, DOC, HEP, SRP

    N

    S5, ST0

    BR-3

    Distrito Federal and States of:

    Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

    WGM

    VIII

    EP, E, POU

    N

    S4

    BW – Botswana

    BW-0

    Whole country

    SPF

    EP, E

    S4

    BPR

    I

    DOR

    II

    HER

    III

    RAT

    VII

    BY – Belarus

    BY - 0

    Whole country

    EP and E (both ‘for transit only through Lithuania’)

    IX

    CA – Canada

    CA-0

    Whole country

    SPF

    EP, E

    S4

    BPR, BPP, DOR, HER, SRA, SRP

    N

    A

    S1, ST1

    DOC, HEP

    N

    WGM

    VIII

    POU, RAT

    N

    CH – Switzerland

    CH-0

    Whole country

    15

    A

    15

    CL – Chile

    CL-0

    Whole country

    SPF

    EP, E

    S4

    BPP, BPR, DOC, DOR, HEP, HER, SRA, SRP

    N

    A

    S0, ST0

    WGM

    VIII

    POU, RAT

    N

    CN – China

    CN-0

    Whole country

    EP

    CN-1

    Province of Shandong

    POU, E

    VI

    P2

    6.2.2004

    —

    S4

    GL – Greenland

    GL-0

    Whole country

    SPF

    EP, WGM

    HK – Hong Kong

    HK-0

    The whole territory of the Hong Kong Special Administrative Region

    EP

    IL – Israel18

    IL-0

    Whole country

    SPF

    BPP, BPR, DOC, DOR, HEP, HER, SRP

    N

    A

    S5, ST1

    POU, RAT

    WGM

    VIII

    EP, E

    S4

    IN – India

    IN-0

    Whole country

    EP

    IS – Iceland

    IS-0

    Whole country

    SPF

    EP, E

    S4

    KR – Republic of Korea

    KR-0

    Whole country

    EP, E

    S4

    MD- Moldova

    MD-0

    Whole country

    EP

    ME – Montenegro

    ME-0

    Whole country

    EP

    MG – Madagascar

    MG-0

    Whole country

    SPF

    EP, E, WGM

    S4

    MY – Malaysia

    MY-0

    —

    —

    MY-1

    Western Peninsular

    EP

    E

    S4

    MK – former Yugoslav Republic of Macedonia16

    MK-016

    Whole country

    EP

    MX – Mexico

    MX-0

    Whole country

    SPF

    EP

    P2

    17.5.2013

    NA – Namibia

    NA-0

    Whole country

    SPF

    BPR

    I

    DOR

    II

    HER

    III

    RAT, EP, E

    VII

    S4

    NC – New Caledonia

    NC-0

    Whole country

    EP

    NZ – New Zealand

    NZ-0

    Whole country

    SPF

    BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA

    S0, ST0

    WGM

    VIII

    EP, E, POU, RAT

    S4

    PM – Saint Pierre and Miquelon

    PM-0

    Whole territory

    SPF

    RS – Serbia17

    RS-017

    Whole country

    EP

    RU – Russia

    RU-0

    Whole country

    EP, E, POU

    S4

    SG – Singapore

    SG-0

    Whole country

    EP

    TH – Thailand

    TH-0

    Whole country

    SPF, EP

    WGM

    VIII

    1.7.2012

    POU, RAT

    1.7.2012

    E

    1.7.2012

    S4

    TN – Tunisia

    TN-0

    Whole country

    SPF

    BPP, BPR, DOR, HER

    S0, ST0

    WGM

    VIII

    EP, E, POU, RAT

    S4

    TR – Turkey

    TR-0

    Whole country

    SPF

    EP, E

    S4

    UA – Ukraine

    UA-0

    Whole country

    E, EP, POU, RAT, WGM

    S4

    US – United States

    US-0

    Whole country

    SPF

    BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA

    N

    A

    S3, ST1

    WGM

    VIII

    EP, E, POU, RAT

    N

    S4

    UY – Uruguay

    UY-0

    Whole country

    SPF

    EP, E, RAT

    S4

    ZA – South Africa

    ZA-0

    Whole country

    SPF

    EP, E

    S4

    BPR

    I

    P2

    9.4.2011

    A

    DOR

    II

    HER

    III

    RAT

    VII

    P2,H

    9.4.2011

    ZW – Zimbabwe

    ZW-0

    Whole country

    RAT

    VII

    EP, E

    S4’

    13

    Commodities, including those transported on the high seas, produced before this date may be imported into the Union during a period of 90 days from this date.

    14

    Only commodities produced after this date may be imported into the Union.

    15

    In accordance with the agreement between the European Union and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

    18

    Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

    16

    The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United Nations.

    17

    Not including Kosovo, as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

  2. (2)

    Part 2 is amended as follows:

    1. (a)

      the section on ‘Specific conditions’ is amended as follows:

      1. (i)

        specific condition ‘H’ is replaced by the following:

        • ‘ ‘H’

          Guarantees have been provided that meat of farmed ratites for human consumption (RAT) is obtained from ratites coming from a registered closed ratite holding approved by the third country’s competent authority. In the case of a HPAI outbreak on the third country’s territory, imports of such meat may still continue to be authorised, provided that it is obtained from ratites coming from a registered closed ratite holding free of LPAI and HPAI; and where within a radius of 100 km around that holding, including, where applicable, the territory of a neighbouring country, there has been no outbreak of LPAI or HPAI for at least the last 24 months and where there has been no epidemiological link to a ratite or poultry holding where LPAI or HPAI has been present within at least the last 24 months.’

      2. (ii)

        specific condition ‘L’ is deleted.

    2. (b)

      The model veterinary certificates BPP, BPR, DOC, DOR, HEP and HER are replaced by the following:

      ‘Model veterinary certificate for breeding or productive poultry other than ratites (BPP)

      Model veterinary certificate for breeding or productive ratites (BPR)

      Model veterinary certificate for day-old chicks other than of ratites (DOC)

      Model veterinary certificate for day-old chicks of ratites (DOR)

      Model veterinary certificate for hatching eggs of poultry other than ratites (HEP)

      Model veterinary certificate for hatching eggs of ratites (HER)’

    3. (c)

      The model veterinary certificates SRP, SRA and POU are replaced by the following:

      ‘Model veterinary certificate for slaughter poultry and poultry for restocking game supplies other than ratites (SRP)

      Model veterinary certificate for slaughter ratites (SRA)

      Model veterinary certificate for meat of poultry (POU)’

    4. (d)

      the model veterinary certificate RAT is replaced by the following:

      ‘Model veterinary certificate for meat of farmed ratites for human consumption (RAT)’

    5. (e)

      The model veterinary certificate E is replaced by the following:

      ‘Model veterinary certificate for eggs (E)’