COMMISSION DECISION

of 11 December 2007

concerning approval of

Salmonella

control programmes in breeding flocks of

Gallus gallus

in certain third countries in accordance with Regulation (EC) No 2160/2003 of the Eurpoean Parliament and of the Council and amending Decision 2006/696/EC, as regards certain public health requirements at import of poultry and hatching eggs

(notified under document number C(2007) 6094)

(Text with EEA relevance)

(2007/843/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 agents(1), and in particular Article 10(2) thereof,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2), and in particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(3), and in particular Article 11(1) thereof,

Whereas:

(1) Regulation (EC) No 2160/2003 lays down requirements for the control of

Salmonella

in different poultry populations of the Member States. The requirements apply to Member States from the dates set out in Annex I to that Regulation, in particular 18 months after a target for reduction of the prevalence of

Salmonella

has been established.

(2) A target for such reduction applies for breeding flocks of

Gallus gallus

from 1 July 2005 in accordance with Commission Regulation (EC) No 1003/2005(4), for laying hens from 1 August 2006 in accordance with Regulation (EC) No 1168/2006 and for broilers from 1 July 2007 in accordance with Regulation (EC) No 646/2007(5).

(3) Canada, Israel, Tunisia and the United States have submitted to the Commission their control programmes for

Salmonella

in breeding poultry of

Gallus gallus

, hatching eggs thereof and day-old chicks of

Gallus gallus

intended for breeding. These programmes were found to provide guarantees equivalent to the guarantees provided for in Regulation (EC) No 2160/2003 and should therefore be approved.

(4) Commission Decision 2006/696/EC of 28 August 2006 laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification conditions and amending Decisions 93/342/EEC, 2000/585/EC and 2003/812/EC(6) covers imports into and transit through the Community of in particular breeding and productive poultry, hatching eggs and day-old chicks and sets out a list of third countries from which Member States are authorised to import the relevant animals and hatching eggs.

(5) Pursuant to Regulation (EC) No 2160/2003, admission to or retention on the lists of third countries provided for in Community legislation from which Member States are authorised to import the relevant animals and hatching eggs covered by that Regulation is subject to the submission to the Commission by the third country concerned of a programme equivalent to national control programmes for

Salmonella

to be established by the Member States, and its approval by the Commission.

(6) As a consequence of the approval of programmes, Canada, Israel, Tunisia and the United States should remain on the list set out in Decision 2006/696/EC of third countries from which the Member States are authorised to import breeding poultry of

Gallus gallus

, hatching eggs thereof and day-old chicks of

Gallus gallus

intended for breeding.

(7) Certain other third countries currently listed in Decision 2006/696/EC have not yet submitted any control programme for

Salmonella

to the Commission. Since requirements on breeding poultry of

Gallus gallus

, hatching eggs thereof and day-old chicks of

Gallus gallus

intended for breeding, already apply within the Community, imports of such poultry and eggs should therefore no longer be authorised from those third countries. The list of third countries or parts thereof set out in Part 1 of Annex I to Decision 2006/696/EC should be amended accordingly.

(8) In order to provide guarantees, equivalent to the requirements within the Community, third countries, from which Member States are authorised to import breeding and productive poultry of

Gallus gallus

hatching eggs thereof and day-old chicks of

Gallus gallus

, should certify that the control programme for

Salmonella

has been applied to the flock of origin and that that flock has been tested for the presence of

Salmonella

serotypes of public health significance as soon as the requirements apply to the different poultry populations in the Community.

(9) In addition, pursuant to Regulation (EC) No 2160/2003, flocks of

Gallus gallus

can not be used for breeding purposes and their eggs can not be used as hatching eggs since 1 January 2007 in the Community if infected with

Salmonella

Enteritidis and/or

Salmonella

Typhimurium. Therefore, breeding poultry, day-old chicks intended for breeding and hatching eggs should only be authorised for import into the Community if the flocks of origin where tested and free of

Salmonella

Enteritidis and

Salmonella

Typhimurium.

(10) Commission Regulation (EC) No 1177/2006 of 1 August 2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national control programmes for the control of

Salmonella

in poultry(7) lays down certain rules for the use of antimicrobials and vaccines in the framework of the national control programmes approved by the Commission pursuant to Regulation (EC) No 2160/2003.

(11) Third countries from which Member States are authorised to import breeding and productive poultry of

Gallus gallus

hatching eggs and day-old chicks of

Gallus gallus

, should certify that the specific requirements for the use of antimicrobials and vaccines provided for in Regulation (EC) No 1177/2006 have been applied as soon as the requirements apply to the different poultry populations in the Community. If antimicrobials have been used in day-old chicks for other purposes than the control of

Salmonella

, it should also be indicated on the certificate because such use may influence the testing for

Salmonella

at import.

(12) The model veterinary certificates for the import of breeding and productive poultry, day old chicks and hatching eggs in Decision 2006/696/EC should be amended accordingly. In order to avoid future amendments to the model veterinary certificates at the time when the provisions on imports in Regulation (EC) No 2160/2003 become applicable to productive poultry and day-old chickens, other than for breeding, the model veterinary certificates should be amended for imports of those animals as well, with a clear indication when those amendments apply to the different populations.

(13) Bulgaria and Romania acceded to the European Union on 1 January 2007. From that date, the provisions on intra-Community trade laid down in Decision 2006/696/EC apply to those new Member States. Bulgaria and Romania should therefore be deleted from the lists of third countries that are approved for imports by the Member States and set out in Part 1 of Annexes I and II to Decision 2006/696/EC.

(14) To avoid any disruption of trade, the use of veterinary certificates issued in accordance with Decision 2006/696/EC, as currently worded, should be allowed for a period of 60 days following the date of application of the present Decision.

(15) However, in order to avoid future amendments to the model veterinary certificates at the time when the provisions on imports in Regulation (EC) No 2160/2003 become applicable to laying hens and broilers of

Gallus gallus

, the model veterinary certificates should be amended for imports of those animals as well, with a clear indication when those amendments apply to the different populations. The date of application of these amendments should therefore be deferred as appropriate.

(16) Decision 2006/696/EC should therefore be amended accordingly.

(17) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The control programmes submitted by Canada, Israel, Tunisia and United States in accordance with Article 10(1) of Regulation (EC) No 2160/2003 are hereby approved as regards

Salmonella

in flocks of breeding hens.

Article 2

Annexes I and II to Decision 2006/696/EC are amended in accordance with the Annex to this Decision.

Article 3

Consignments of breeding or productive poultry other than ratites, day-old chicks other than of ratites and hatching eggs of poultry other than ratites for which veterinary certificates have been issued in accordance with Decision 2006/696/EC, in the version applying before the date of application of the present Decision may be imported into the Community for a period of 60 days following the date of application of the present Decision.

Article 4

This Decision shall apply from 15 February 2008.

However, points II.2.5 of the model certificate for breeding or productive poultry other than ratites, II 2,4 of the model certificate for day-old chicks other than of ratites in Annex I of Decision 2006/696/EC as amended by the present Decision shall apply from 1 January 2009 if the productive poultry or day-old chicks is solely intended for the production of meat.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 11 December 2007.

For the Commission

Markos

KYPRIANOU

Member of the Commission

(1)

OJ L 325, 12.12.2003, p. 1

. Regulation as last amended by Commission Regulation (EC) No 1237/2007 (

OJ L 280, 24.10.2007, p. 5

(2)

OJ L 139, 30.4.2004, p. 55

; corrected version in

OJ L 226, 25.6.2004, p. 22

. Regulation as last amended by Commission Regulation (EC) No 1243/2007 (

OJ L 281, 25.10.2007, p. 8

(3)

OJ L 139, 30.4.2004, p. 206

; corrected version in

OJ L 226, 25.6.2004, p. 83

. Regulation as last amended by Council Regulation (EC) No 1791/2006 (

OJ L 363, 20.12.2006, p. 1

(4)

OJ L 170, 1.7.2005, p. 12

. Regulation as amended by Regulation (EC) No 1168/2006 (

OJ L 211, 1.8.2006, p. 4

(5)

OJ L 151, 13.6.2007, p. 21

(6)

OJ L 295, 25.10.2006, p. 1

. Decision as amended by Regulation (EC) No 1237/2007.

(7)

OJ L 212, 2.8.2006, p. 3

ANNEX

(1) Annex I to Decision 2006/696/EC is amended as follows:

(a) Part 1 is replaced by the following:

‘Part 1

List of third countries or parts thereof(1)

Country

Code of territory

Description of territory

Veterinary certificate

Specific conditions

Model(s)

Additional Guarantees

AR — Argentina

AR-0

SPF

AU — Australia

AU-0

BPP, DOC, HEP, SPF, SRP

BPR

DOR

HER

III

BR — Brazil

BR-0

SPF

BR-1

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

BPP, DOC, HEP, SRP

BR-2

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

BPR, DOR, HER, SRA

BW — Botswana

BW-0

SPF

BPR

DOR

HER

III

CA — Canada

CA-0

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

CH — Switzerland

CH-0

(2)

CL — Chile

CL-0

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

HR — Croatia

HR-0

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

GL — Greenland

GL-0

SPF

IL — Israel

IL-0

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

IS — Iceland

IS-0

SPF

MG — Madagascar

MG-0

SPF

MX — Mexico

MX-0

SPF

NA — Namibia

NA-0

SPF

BPR

DOR

HER

III

NZ — New Zealand

NZ-0

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

PM —	St Pierre and Miquelon

PM-0

SPF

TH — Thailand

TH-0

SPF

TN — Tunisia

TN-0

DOR, BPR, BPP, HER, SPF

TR — Turkey

TR-0

SPF

US — United States

US-0

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

UY — Uruguay

UY-0

SPF

ZA — South Africa

ZA-0

SPF

BPR

DOR

HER

III

(b) Part 2 is amended as follows:

(i) in the section with the subheading ‘Additional guarantees (AG)’, the following is added:

‘IV

Relevant guarantees for breeding poultry of

Gallus gallus

, day-old chicks of

Gallus gallus

intended for breeding purposes and hatching eggs of

Gallus gallus

in accordance with EU provisions on the control of

Salmonella

, have been provided and shall be certified in accordance with model BPP, DOC and HEP respectively.’

(ii) after the section with the subheading ‘Additional Guarantees (AG)’, the following section is inserted:

‘Specific conditions:

“A”

Prohibition to import into the Community breeding poultry of

Gallus gallus

, day-old chicks of

Gallus gallus

intended for breeding purposes and hatching eggs of

Gallus gallus

because a Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.’

(iii) the model veterinary certificate for breeding or productive poultry other than ratites (BPP) is replaced by the following:

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

[Bild bitte in Originalquelle ansehen]

(iv) the model veterinary certificate for day-old chicks other than of ratites (DOC) is replaced by the following:

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

[Bild bitte in Originalquelle ansehen]

(v) the model veterinary certificate for hatching eggs of poultry other than ratites (HEP) is replaced by the following:

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

[Bild bitte in Originalquelle ansehen]

(2) In Part 1 of Annex II to Decision 2006/696/EC, the entries for Bulgaria and Romania are deleted.

(1) Without prejudice to specific certification requirements provided for in Community agreements with third countries.

(2) Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products,

OJ L 114, 30.4.2002, p. 132

.’