The development of poultry farming, which is of undeniable importance and which is a solid source of income for the agricultural population, requires the harmonization of the animal health rules governing the intra-Community trade in and imports of fresh poultry meat.

Only through the constant exercise of veterinary checks on breeding farms and on imports of poultry meat from third countries can a harmonious development of a sector be achieved. represents an important role in current human food.

These aspects were taken into account in the drafting and subsequent publication of Council Directive 91 /494/EEC of 26 June on the animal health conditions to which trade is to be adjusted. Intra-Community trade and imports of fresh poultrymeat from third countries, incorporated into our legal order in Royal Decree 1322/1992 of 30 October 1992 laying down the health conditions for the protection of the environment, health and safety at work animal to which intra-Community trade and imports of fresh meat from the Community are to be adjusted poultry from third countries.

The evolution of scientific knowledge on the Newcastle disease virus and the establishment of uniform rules for the use of vaccines against this disease, in addition to the development of Community regulations specific to the fight and eradication of the main avian diseases, Newcastle disease and avian influenza, propitian the publication of the Royal Decree 362/1995, of March 10, which modifies the previously mentioned and that incorporates to our Directive 93 /121/EEC of the Council of 22 December amending the Directive 91 /494/EEC.

Directive 91 /494/EEC, which has already been amended by the incorporation into the definition of poultry, of the "struthioniformes", represented by the large majority of the ostriches, is again amended by the Directive. 1999 /89/EC of the Council of 15 November, the content of which is now incorporated into our legislation.

In short, this Royal Decree incorporates Directive 1999 /89/EC of the Council of 15 November amending Directive 91 /494/EEC, recasting the contents of Royal Decree 1322/1992 and its subsequent modifications.

By virtue of the proposal of the Minister for Agriculture, Fisheries and Food and the Minister for Health and Consumer Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 29 June 2001,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Scope of application.

This Royal Decree lays down animal health conditions to which intra-Community trade and imports of fresh poultrymeat from third countries are to be adjusted.

Article 2. Definitions.

For the purposes of this Royal Decree, it is understood by:

(a) Poultry: hens, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and corrants (ratites) reared or kept in captivity for breeding, production of meat or eggs for consumption or the supply of game species for restocking.

(b) Birds for slaughter: poultry directly driven to the slaughterhouse to be slaughtered there as soon as possible and no later than 70 and two hours after arrival.

(c) Carnes: all parts of poultry suitable for human consumption.

(d) Fresh meat: all poultry meat, including meat packaged in a vacuum or controlled atmosphere, which has not undergone any treatment other than cold to ensure its preservation.

(e) Third country: the country which is not a member of the European Union authorised for trade with this country.

(f) Competent Authority: the competent bodies of the Autonomous Communities for the internal market and the Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs for trade with and for third countries appropriate communications to the Commission of the European Communities in the field of their respective powers.

(g) Official veterinarian: the veterinarian designated by the competent authority.

CHAPTER II

intra-Community trade

Article 3. General rules.

1. In order to be subject to intra-Community trade, fresh meat must have been obtained from poultry which:

(a) Have been kept since birth in the territory of the Community or have been imported from third countries in accordance with the rules on imports of poultry and hatching eggs from countries third parties.

b) Proceed from a holding that:

1. No, it is not subject to any prohibition measures taken against any of the diseases affecting poultry.

2. No restrictive measures involving checks on poultrymeat, in accordance with Community legislation, in an area subject for animal health reasons due to the outbreak of a disease which is subject to animal health may affect poultry.

(c) During their transport to the slaughterhouse they have not been in contact with infected poultry of avian influenza or Newcastle disease, with the prohibition of transport through the areas declared infected with any of these. two diseases, except if they pass through the main roads or railway lines.

(d) Have been slaughtered in slaughterhouses where no case of avian influenza or Newcastle disease has been detected at the time of slaughter.

e) Vayan marked, in accordance with the provisions of Articles 4 and 5 of this Royal Decree.

2. The provisions of this Chapter shall not affect national rules relating to meat:

(a) Contained in the personal luggage of travellers and intended for their own consumption.

b) That they are the subject of small shipments to private individuals without commercial character.

(c) to be on board of means of transport engaged in international transport for the purpose of supply of personnel and passengers.

Article 4. Marked.

Fresh poultry meat must bear the veterinary inspection mark referred to in Chapter XII of Annex I to Royal Decree 2087/1994 of 20 October 1994 laying down the health conditions for the production and marketing of fresh poultrymeat, provided that they comply with the requirements laid down in Article 3 (1) of this Royal Decree and come from animals which have been slaughtered under the conditions of hygiene established in the aforementioned Royal Decree.

Article 5. Exceptions.

1. Fresh meat of birds, which are not covered within the conditions laid down in Article 3 (1) (b), (c) and (d) of this Royal Decree, may be marked if they are not marketed as such provided that the mark is not referred to in Article 4 of this provision is immediately overprinted in such a way that the official health inspection seal, as defined in Chapter XII of Annex I to Royal Decree 2087/1994, is crossed by a cross, consisting of two angles, perpendicular and stamped in an oblique sense, in such a way that the intersection is placed in the centre of the seal and the indications appearing in it remain legible.

With regard to the inspection marking, the provisions of Chapter XII of Annex I to Royal Decree 2087/1994 shall apply.

2. The meat referred to in the preceding paragraph must be obtained, cut, transported and stored separately or at different times than those intended for intra-Community trade in fresh poultrymeat, and may not be used for the production of meat products intended for intra-Community trade, unless the latter have undergone the treatments referred to in Community legislation relating to animal health problems in the field of animal health intra-Community trade in meat products.

3. By way of derogation from paragraphs 1 and 2 of this Article, and in the case of an epizootic of Newcastle disease, fresh poultrymeat may be marked in accordance with the provisions of paragraph 1 (e) of the Article 3 of this Royal Decree, with the official stamp of veterinary inspection as defined in paragraph 66 of Chapter XII of Annex I to Royal Decree 2087/1994, provided that such meat comes from poultry:

(a) Processed from a holding situated in the surveillance zone defined in Article 9 (1) of Royal Decree 1988/1993 of 12 November 1993 laying down measures for the control of Newcastle disease, derogation from the protection zone provided for in this paragraph, provided that after the epidemiological investigation it is established that there has been no contact with an infected holding.

(b) Processed from a flock in which a veterinarian designated by the competent authority carries out a virological examination, with a negative result, five days prior to the dispatch of the birds, on a representative sample of the herd.

(c) Processed from a holding where, following a clinical examination by a veterinarian designated by the competent authorities, no sign or symptom has been observed which could indicate the presence of the Newcastle disease; this test shall be carried out 24 hours before the poultry leaves the holding.

d) which, without prejudice to the provisions of Article 3 (1) (c) of this Royal Decree, are transported directly from the holding of origin to the slaughterhouse; the means of transport used must be sealed by the official veterinarian and subjected to cleaning and disinfection before and after each transport.

e) In the slaughterhouse, they are subjected to an "ante-mortem" or "post-mortem" examination to detect symptoms of Newcastle disease.

Article 6. Controls.

The organisation of the checks at destination shall comply with the provisions of Royal Decree 49/1993 of 15 March on veterinary checks applicable to intra-Community trade in products of animal origin.

Article 7. Community inspections.

1. Representatives of the Ministry of Agriculture, Fisheries and Food and the Ministry of Health and Consumer Affairs, within their respective powers, may accompany the competent bodies of the Autonomous Communities and veterinary experts. of the Commission of the European Union to move to our country to carry out on-site inspection visits.

2. The competent authorities referred to in the preceding paragraph shall provide all necessary assistance to the veterinary experts of the European Union Commission for the performance of their duties.

CHAPTER III

Third country imports

Article 8. General rules.

1. Fresh poultrymeat imported from third countries shall comply with the conditions laid down in Articles 9 to 12 of this Royal Decree.

2. However, this Chapter shall not apply:

(a) The meat of poultry contained in the personal luggage of travellers intended for their own consumption or sent to private persons without a commercial character, provided that the quantity transported does not exceed 1 kg per a person who comes from a third country or part of a third country, listed in the list drawn up in accordance with Article 9 of this provision.

(b) to the meat which is found, in terms of the supply of personnel and passengers, on board means of transport engaged in international transport.

When discarded, such meats or their kitchen waste must be destroyed. However, the destruction may be waived where the meat passes directly from one means of transport to another or has been provisionally placed under customs control.

Article 9. Approved third countries.

1. Fresh poultrymeat must come from third countries or from parts of third countries which appear on a list drawn up by the Commission of the European Union.

2. Without prejudice to the above paragraph, the list and any amendments thereto shall be published by the Ministry of Agriculture, Fisheries and Food in the 'Official Gazette of the State', for a further knowledge of the stakeholders.

3. Fresh poultrymeat, arriving in the Spanish customs territory, shall be subject to inspection by the official veterinary services of the border inspection posts before being released for free circulation or for admission to Customs procedure.

Article 10. Authorization criteria.

1. Fresh poultry meat must come from countries:

(a) In which avian influenza and Newcastle disease are notifiable diseases throughout the country in accordance with international standards.

b) Free of avian influenza and Newcastle disease, or which, even if they are not free of these diseases, apply control measures, at least equivalent to those laid down in Royal Decrees 1025/1993 of 25 June, by The measures to combat avian influenza and 1988/1993 of 30 November 1993 laying down measures for the control of Newcastle disease, respectively.

2. Where appropriate, the additional criteria for classifying third countries in relation to the provisions of the previous paragraph are those laid down in Commission Decision 94 /438/EC of 7 June.

3. The Commission of the European Union may decide on the conditions necessary to apply the provisions of paragraph 1 of this Article, only to a part of the territory of a third country.

4. Fresh meat must come from poultry which has remained before dispatch without interruption in the third country or part of the third country for a period to be fixed by the Commission of the European Union.

Article 11. Certification.

Fresh meat of poultry shall be accompanied by a certificate issued by an official veterinarian of the exporting third country, which shall conform to the model for the species concerned, approved by the Commission of the European Union.

The certificate must:

(a) Credit that the fresh meat meets the conditions laid down in this Royal Decree and those laid down in this Royal Decree for imports from third countries.

(b) The day on which the cargo of the goods is loaded for shipment to the place of destination in Spain.

(c) Redacta, at least, in the official Spanish language of the State and in the official language (s) of the sending country.

d) accompany the shipment in its original copy.

e) Single-sheet Constar.

f) Go to a single recipient.

Article 12. Safeguard clause.

The general rules and principles to be applied in the controls of fresh poultrymeat imported from third countries, as well as safeguard measures, shall be in accordance with the provisions of the Royal Decree 1977/1999 of 23 December 1999 laying down the principles governing the organisation of veterinary checks on products from third countries.

Article 13. Inspections.

Veterinary experts of the Commission of the European Union and those designated by the Commission, on a proposal from the Ministry of Agriculture, Fisheries and Food and the Ministry of Health and Consumer Affairs, in the field of their respective (a) powers, inspections on the spot to check compliance with Council Directive 494 /1991/EEC of 26 June on animal health conditions to which Community trade and imports are to be adjusted of fresh poultry meat from third countries.

Single additional disposition. Competitive titles.

This provision is made under the terms of Article 149.1.10. and 16. of the Constitution, which attribute to the State exclusive powers in matters of foreign trade, external health and bases and general coordination of the Health, respectively.

Single repeal provision. Regulatory repeal.

Royal Decree 1322/1992 of 30 October 1992 laying down the animal health conditions to be followed by intra-Community trade in and imports of fresh poultrymeat from third countries.

Final disposition first. Application faculty.

The Ministers of Agriculture, Fisheries and Food and Health and Consumer Affairs are empowered to lay down, within their respective powers, the provisions necessary for the implementation and implementation of the provisions of the Present Royal Decree.

Final disposition second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on June 29, 2001.

JOHN CARLOS R.

The Minister of the Presidency,

JUAN JOSE LUCAS GIMENEZ