COMMISSION REGULATION (EU) No 254/2010

of 10 March 2010

approving a control programme for

Salmonella

in poultry in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and amending Annex I to Regulation (EC) No 798/2008 as regards the

Salmonella

control status of certain third countries

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 21(1) 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 agents (2), and in particular Article 10(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (3) provides that the commodities covered by that Regulation are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in Annex I thereto.

(2) Regulation (EC) No 2160/2003 lays down rules for the control of

Salmonella

in different poultry populations in the Union. Admission to or retention on the list of third countries provided for in Union legislation from which Member States are authorised to import animals 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 as those contained in the national control programmes for

Salmonella

in the Member States.

(3) In accordance with Commission Regulation (EC) No 584/2008 (4),

Salmonella

control programmes concerning breeding and productive poultry of turkeys, hatching eggs thereof, day-old chicks of turkeys and slaughter poultry and poultry for restocking of turkeys provided for in Regulation (EC) No 2160/2003, are to apply from 1 January 2010 within the Union.

(4) Canada, Israel and the United States have submitted to the Commission a control programme for

Salmonella

in breeding flocks of turkeys, hatching eggs thereof and day-old chicks of turkeys. These programmes provide the guarantees required by Regulation (EC) No 2160/2003 and should therefore be approved.

(5) Certain third countries currently listed in Annex I to Regulation (EC) No 798/2008 have not yet submitted any control programme for

Salmonella

in flocks of turkeys to the Commission, or alternatively the programmes submitted by them do not provide guarantees equivalent to those required by Regulation (EC) No 2160/2003. Imports of breeding and productive poultry of turkeys, hatching eggs thereof, day-old chicks of turkeys and slaughter poultry and poultry for restocking of turkeys should therefore no longer be authorised from those third countries from 1 January 2010.

(6) Israel has submitted to the Commission a control programme for

Salmonella

in day-old chicks of

Gallus gallus

, intended for flocks of laying hens and broilers, supplementing the control programme of Israel approved by Commission Decision 2007/843/EC (5). Control programmes for

Salmonella

in flocks of breeding hens and hatching eggs thereof and day-old chicks of

Gallus gallus

were also submitted by Brazil. These programmes provide the guarantees required by Regulation (EC) No 2160/2003 and should therefore be approved.

(7) The list of third countries, territories, zones or compartments and the model veterinary certificates for the import of breeding and productive poultry, day old chicks and hatching eggs set out in Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

The control programme in accordance with Article 10(1) of Regulation (EC) No 2160/2003 is hereby approved as regards

Salmonella

(a) in breeding flocks of turkeys, hatching eggs thereof and day-old chicks of turkeys submitted by Canada, Israel and the United States;

(b) in day-old chicks of

Gallus gallus

intended for flocks of laying hens or broilers submitted by Israel;

Gallus gallus

, hatching eggs thereof and day-old chicks of

Gallus gallus

submitted by Brazil.

Article 2

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

Article 3

This Regulation shall enter into force on the 20th day following its publication in the

Official Journal of the European Union

It shall apply from 1 January 2010.

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

Done at Brussels, 10 March 2010.

For the Commission

The President

José Manuel BARROSO

(1)

OJ L 303, 31.10.1990, p. 6

(2)

OJ L 325, 12.12.2003, p. 1

(3)

OJ L 226, 23.8.2008, p. 1

(4)

OJ L 162, 21.6.2008, p. 3

(5)

OJ L 332, 18.12.2007, p. 81

ANNEX

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

Part 1 is replaced by the following:

‘PART 1

List 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

Avian influenza surveillance status

Avian influenza vaccination status

Salmonella control status

Model(s)

Additional guarantees

Closing date(1)

Opening date(2)

AL — Albania

AL-0

Whole country

EP, E

AR — Argentina

AR-0

Whole country

SPF

POU, RAT, EP, E

WGM

VIII

AU — Australia

AU-0

Whole country

SPF

EP, E

BPP, DOC, HEP, SRP

S0, ST0

BPR

DOR

HER

III

POU

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

BR-2

States of:

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

BPP, DOC, HEP, SRP

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

BW — Botswana

BW-0

Whole country

SPF

EP, E

BPR

DOR

HER

III

RAT

VII

BY — Belarus

BY-0

Whole country

EP and E (both “only for transit through the EU”)

CA — Canada

CA-0

Whole country

SPF

EP, E

BPR, BPP, DOR, HER, SRA, SRP

S1, ST1

DOC, HEP

L, N

WGM

VIII

POU, RAT

CH — Switzerland

CH-0

Whole country

(3)

CL — Chile

CL-0

Whole country

SPF

EP, E

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

S0, ST0

WGM

VIII

POU, RAT

CN — China

CN-0

Whole country

CN-1

Province of Shandong

POU, E

6.2.2004

—

GL — Greenland

GL-0

Whole country

SPF

EP, WGM

HK — Hong Kong

HK-0

The whole territory of the Hong Kong Special Administrative Region

HR — Croatia

HR-0

Whole country

SPF

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

S2, ST0

EP, E, POU, RAT, WGM

IL — Israel

IL-0

Whole country

SPF

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

S5, ST1

WGM

VIII

EP, E, POU, RAT

IN — India

IN-0

Whole country

IS — Iceland

IS-0

Whole country

SPF

EP, E

KR —	Republic of Korea

KR-0

Whole country

EP, E

ME — Montenegro

ME-O

Whole country

MG — Madagascar

MG-0

Whole country

SPF

EP, E, WGM

MY — Malaysia

MY-0

—

MY-1

Western Peninsular

6.2.2004

MK —	former Yugoslav Republic of Macedonia(4)

MK-0(4)

Whole country

MX — Mexico

MX-0

Whole country

SPF

NA — Namibia

NA-0

Whole country

SPF

BPR

DOR

HER

III

RAT, EP, E

VII

NC —	New Caledonia

NC-0

Whole country

NZ — New Zealand

NZ-0

Whole country

SPF

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

S0, ST0

WGM

VIII

EP, E, POU, RAT

PM —	Saint Pierre and Miquelon

PM-0

Whole territory

SPF

RS — Serbia(5)

RS-0(5)

Whole country

RU — Russia

RU-0

Whole country

SG — Singapore

SG-0

Whole country

TH — Thailand

TH-0

Whole country

SPF, EP

WGM

VIII

23.1.2004

E, POU, RAT

23.1.2004

TN — Tunisia

TN-0

Whole country

SPF

DOR, BPR, BPP, HER

S1, ST0

WGM

VIII

EP, E, POU, RAT

TR — Turkey

TR-0

Whole country

SPF

EP, E

US — United States

US-0

Whole country

SPF

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

S3, ST1

WGM

VIII

EP, E, POU, RAT

UY — Uruguay

UY-0

Whole country

SPF

EP, E, RAT

ZA — South Africa

ZA-0

Whole country

SPF

EP, E

BPR

DOR

HER

III

RAT

VII

ZW — Zimbabwe

ZW-0

Whole country

RAT

VII

EP, E

Part 2 is amended as follows:

(a) in the section on the ‘

Salmonella

control programme’, the following entries are added:

‘ “S5”

Prohibition to export into the Union breeding and productive poultry of

Gallus gallus

(BPP), slaughter poultry and poultry for restocking (SRP) 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.

“ST0”

Prohibition to export into the Union breeding or productive poultry (BPP) of turkeys, day-old chicks (DOC) of turkeys, slaughter poultry and poultry for restocking (SRP) of turkeys and hatching eggs (HEP) of turkeys because a relevant

Salmonella

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

“ST1”

Prohibition to export into the Union breeding or productive poultry (BPP) of turkeys and slaughter poultry and poultry for restocking (SRP) of turkeys because a relevant

Salmonella

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

(b) in the model certificate for breeding and productive poultry other than ratites (BPP), note 6 of Part II is replaced by the following:

‘(

)

This guarantee applies for poultry belonging to the species of

Gallus gallus

and turkeys.’;

(c) in the model certificate for day-old chicks other than ratites (DOC), note 6 of Part II is replaced by the following:

‘(

)

This guarantee applies for poultry belonging to the species of

Gallus gallus

and turkeys.’;

(d) in the model certificate for hatching eggs of poultry other than ratites (HEP), note 5 of Part II is replaced by the following:

‘(

)

This guarantee applies for poultry belonging to the species of

Gallus gallus

and turkeys.’;

(e) in the model certificate for slaughter poultry and poultry for restocking game supplies other than ratites (SRP), note 6 of Part II is replaced by the following:

‘(

)

This guarantee applies for poultry belonging to the species of

Gallus gallus

and turkeys.’.

(1) 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.

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

(3) 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

(4) 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.

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