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Royal Decree 1888 / 2000, Of 22 November, Laying Down The Animal Health Conditions Applicable To Intra-Community Trade And Imports Of Poultry And Eggs For Hatching From Third Countries.

Original Language Title: Real Decreto 1888/2000, de 22 de noviembre, por el que se establecen las condiciones de sanidad animal aplicables a los intercambios intracomunitarios y las importaciones de aves de corral y de huevos para incubar, procedentes de países terceros.

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TEXT

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 birds or their hatching eggs.

Only through the constant exercise of veterinary checks on breeding farms and on imports of animals 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 by Council Directive 90 /539/EEC of 15 October, which is incorporated into our legal order in Royal Decree 1317/1992 of 30 October 1992 laying down the conditions for the animal health applicable to intra-Community trade and imports of poultry and hatching eggs 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 361/1995, which modifies the previously mentioned and that it transfers to our legislation several Community provisions: Council Directive 93 /120/EC and the decisions of the Commission 92/340, 92/369, 93/152 and 94/327.

In addition, the development of new aviculture practices, but above all, the incorporation of the birds of the order of struthioniformes in the definition of poultry, compels to contemplate certain differentiations, related to the breeding of these animals, represented in their vast majority by the ostriches.

To this end, Council Directive 1999 /90/EC of 15 November amending Directive 90 /539/EEC on animal health conditions governing intra-Community trade in and on the market in the Community is published. imports of poultry and hatching eggs from third countries.

This project incorporates Directive 1999 /90/EC and recast in a single standard the content of Royal Decree 1317/1992 and its subsequent changes, excluding the reference to the laboratory tests incorporated in our legislation. internal regulations by other Royal Decrees.

In the procedure for drawing up this provision, the Autonomous Communities and the sectors concerned have been consulted.

This Royal Decree is dictated by the exclusive State competence in the field of foreign trade, external health, and general principles and coordination of health, as laid down in Article 149.1.10.a and 16.a of the Constitution.

Under its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 17 November 2000,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this Royal Decree is to define the animal health conditions governing intra-Community trade and imports of poultry and hatching eggs from third countries.

2. It shall not apply to poultry intended for exhibitions, competitions or competitions.

Article 2. Definitions.

For the purposes of this provision:

1. Third country: the country which is not a member of the European Union authorised for trade with the European Union.

2. Competent authority: the competent bodies of the Autonomous Communities or the General Administration of the State, in the field of their respective powers.

3. Official veterinarian: the veterinary inspector appointed by the General Administration of the State, in the field of imports from third countries, and by the competent bodies of the Autonomous Communities, in relation to the intra-Community trade.

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

5. Hatching eggs: eggs produced by poultry (as defined in paragraph 4) and intended for incubation.

6. Day-old chicks: all poultry with less than seventy-two hours and which have not yet been fed; however, the Berberia ducks ("cairina moschata") or their crosses may have been fed.

7. Breeding birds: poultry with seventy-two hours or longer of life and intended for the production of hatching eggs.

8. Farm birds: poultry with seventy-two or more hours of life and reared for the production of meat or eggs for consumption or the supply of hunting species for restocking.

9. Poultry 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.

10. Flock: the set of poultry of the same sanitary status as they are in the same premises or enclosure and constitute an epidemiological unit.

In the case of the stulted birds, it will include all birds that share the same air cubication.

11. Operation: a facility, including a farm used for breeding or holding of breeding or holding birds.

12. Farm: any installation or part of an installation located on the same site and concerning the following sectors of activity:

(a) Selection farm: the farm whose activity consists in the production of hatching eggs intended for the production of breeding birds.

(b) Multiplication farm: the farm whose activity consists in the production of hatching eggs intended for the production of farm birds.

(c) Breeding: the farm of breeding birds, i.e. the farm whose activity consists of raising breeding poultry before the breeding stage, or the farm of holding birds, i.e. the farm whose activity consists of raise poultry from laying holding before the laying phase.

(d) Incubator: the farm whose activity consists of incubation, breaking of eggs for hatching and the supply of day-old chicks.

13. Authorised veterinarian: the veterinarian responsible for the competent authorities of the Autonomous Communities, and under the responsibility of the latter, of the application on a farm of the controls provided for in this Royal Decree.

14. Approved laboratory: any laboratory approved by the Directorate-General of Livestock of the Ministry of Agriculture, Fisheries and Food, in the field of imports from third countries, or by the competent bodies of the Autonomous Communities, in the field of intra-Community trade, responsible for carrying out the diagnostic tests prescribed in this Royal Decree.

15. Health visit: visit carried out by the official veterinarian or by the approved veterinarian in order to examine the health status of all poultry on a farm.

16. Notifiable diseases: the diseases mentioned in Annex IV to this Royal Decree.

17. Focus: the holding or place located in the territory of an Autonomous Community or a third country, where animals are grouped and where one or more cases of disease have been officially confirmed.

18. Quarantine: the facility in which the poultry remains completely isolated, without direct or indirect contact with other birds, to be subjected to a prolonged observation and to different control tests in relation to the poultry. diseases listed in Annex IV to this Royal Decree.

19. Sanitary slaughter: the operation consisting in destroying, with all the necessary health guarantees and among them the disinfection, all birds and products affected by disease or suspected to be contaminated.

Article 3. National reference laboratory.

The national reference laboratory, designated in Annex VII to this Royal Decree, is responsible for the coordination of the diagnostic methods provided for in this provision and which will be used in laboratories. authorized.

CHAPTER II

intra-Community trade

Article 4. General rules for eggs, day-old chicks and breeding and holding birds.

In addition to complying with the provisions of Articles 11, 13 and 15 of this Royal Decree, hatching eggs, day-old chicks and breeding and holding birds shall proceed as follows:

1. From farms that meet the following requirements:

(a) Be authorised by the competent bodies of the Autonomous Communities, in accordance with the rules set out in Chapter I of Annex I to this Royal Decree.

The Autonomous Communities shall inform the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food of the authorizations granted, as well as, where appropriate, of the revocation thereof.

(b) Not to be subject at the time of issue to restrictive measures on the grounds of animal health applicable to poultry.

(c) Being located outside an area subject, for health reasons, to restrictive measures in accordance with Community or national legislation due to the outbreak of a disease which may affect poultry.

2. From a flock which at the time of dispatch does not present any clinical symptoms or suspected contagious disease for poultry.

Article 5. Specific rules for hatching eggs.

In addition to the provisions of Article 4 of this Royal Decree, at the time of issue, hatching eggs must:

1. Proceed from flocks:

(a) That they have remained for more than six weeks in one or more approved farms in the territory of the European Union (EU), as defined in Article 4 (1) (a) of the Royal Decree.

(b) Which, if vaccinated, have been in accordance with the vaccination conditions set out in Annex II to this Royal Decree.

(c) They have undergone a health examination carried out by an official veterinarian or approved during the seventies and two hours prior to dispatch and who have not presented any symptoms at the time of such examination. clinical or suspected contagious disease.

Or, to a monthly health inspection carried out by an official veterinarian or authorized, having taken place the last visit in the thirty-one days prior to the expedition. If this possibility is chosen, the official or authorised veterinarian shall also carry out an examination of the records of the herd health status and an assessment of its current health status on the basis of the updated data provided. for the flock during the seventies and two hours prior to dispatch; if the records or other data are suspected of disease, the flocks must undergo a health examination carried out by the veterinarian. official or authorised, which discarding the possibility of contagious disease for poultry.

2. To be identified in accordance with the provisions of Commission Regulation (EEC) No 1868/77 of 29 July laying down detailed rules for the application of Regulation (EEC) No 2782/75 on the production and marketing of eggs for incubate and the poultry chicks.

3. Have been disinfected in accordance with the instructions of the official veterinarian.

In addition, if in the flock from which the hatching eggs are derived, a communicable disease has been declared by the eggs during the incubation period, the hatchery concerned and the authorities shall be informed. responsible for the hatchery and the flock of origin.

Article 6. Specific rules for day-old chicks.

In addition to what is stated in Article 4 of this Royal Decree, the day-old chicks must:

(a) Haber hatched from hatching eggs which meet the requirements of Articles 4 and 5 of this Royal Decree.

b) Meet the vaccination conditions set out in Annex II to this Royal Decree, when they have been vaccinated.

(c) Not to present, at the time of issue, any symptom that would make it possible to suspect the existence of a disease, as provided for in Annex I, Chapter II, paragraph B. 2, paragraphs (g) and (h) of this Royal Decree.

Article 7. Specific rules for breeding and holding birds.

In addition to the provisions of Article 4 of this Royal Decree, breeding and holding birds shall, at the time of their dispatch, shall:

(a) Haber has remained since birth or for more than six weeks in one or more approved farms in the territory of the European Union.

(b) Meet the vaccination conditions set out in Annex II to this Royal Decree, when they have been vaccinated.

(c) Haber has been subjected to a medical examination carried out by an official veterinarian or authorized in the course of the forty-eight hours prior to the issue and shall not present, at the time of such recognition, any clinical symptom or suspected contagious disease for poultry.

Article 8. Specific rules for slaughterhouse birds.

In addition to complying with the provisions of Articles 11, 13 and 15 of this Royal Decree, the slaughterhouse birds shall, at the time of their dispatch, proceed from a holding:

a) Where they have remained since birth or for more than twenty-one days.

(b) Extends from any restrictive measure on the grounds of animal health applicable to poultry.

(c) In which, during the health recognition of the flock from which the birds intended for slaughter are derived, carried out by an official or authorised veterinarian within five days prior to dispatch, it has not been observed no clinical symptoms or suspected contagious disease for poultry.

(d) Located outside an area subject, for health reasons, to restrictive measures in accordance with Community or national legislation due to the outbreak of a disease which may affect poultry.

Article 9. Specific rules for repopulation birds.

1. In addition to complying with the provisions of Articles 11, 13 and 15 of this Royal Decree, birds intended for the supply of wild game of restocking (including day-old chicks) shall, at the time of their dispatch, come from a exploitation:

(a) Where they have remained since birth or for more than twenty-one days and where they have not come into contact with newly arrived poultry during the two weeks prior to dispatch.

(b) Not subject to any health restrictions applicable to poultry.

(c) In which, during the health survey of the flock from which the birds originate, carried out by an official or authorised veterinarian, no clinical symptom has been observed during the 48 hours to the dispatch. or suspected contagious disease for poultry.

(d) Located outside an area subject to prohibition, for health reasons, in accordance with Community or national legislation, due to the outbreak of a disease which may affect poultry.

2. The provisions of Articles 4 and 8 of this Royal Decree shall not apply to the poultry referred to in the preceding paragraph.

Article 10. Batches of less than twenty units.

1. The requirements of Articles 4 to 8 and 13 of this Royal Decree shall not apply to intra-Community trade in poultry and hatching eggs in the case of small batches of less than 20 units.

2. However, the poultry and hatching eggs referred to in the preceding paragraph shall, at the time of dispatch, come from flocks:

(a) They have remained since birth or for the last three months at least on the territory of the European Union.

b) That they do not exhibit clinical symptoms of contagious avian diseases at the time of their dispatch.

(c) That they comply with the vaccination conditions set out in Annex II to this Royal Decree, if they have been vaccinated.

(d) Not subject to any animal health measures applicable to poultry.

(e) Located outside an area subject, for health reasons, to restrictive measures in accordance with Community legislation due to the outbreak of a disease which may affect poultry.

f) All birds in the lot must have tested negative, the month before dispatch, in serological tests for the detection of antibodies to "salmonella pullorum" and "salmonella gallinarum", in accordance with the provided for in Chapter III of Annex I to this Royal Decree. In the case of hatching eggs or day-old chicks, the flock of origin shall have been subject to serological tests for the detection of 'salmonella pullorum' and 'salmonella' during the three months preceding the issue. gallinarum " with results that provide 95 per 100 reliability in the detection of infection with a prevalence of 5 per 100.

3. The provisions of paragraphs 1 and 2 of this Article shall not apply to lots containing birds of the genus of struthioniformes or their hatching eggs.

Article 11. Regions free from Newcastle disease.

1. In the case of dispatch of the poultry referred to in Article 1 of this Royal Decree, from Autonomous Communities or regions thereof in which they are vaccinated against Newcastle disease, to a Member State or a region of a State a member whose status has been established in accordance with paragraph 2 of this Article, the following rules shall apply:

(a) The hatching eggs must come from flocks which: are not vaccinated, or are vaccinated with inactive vaccines, or are vaccinated with live vaccines, provided that the vaccination has taken place at least 30 days before the vaccination. collection of hatching eggs.

(b) Life-day chicks (including those intended for the supply of hunting species for restocking) must not be vaccinated against Newcastle disease and must come from: hatching eggs which satisfy the the requirements of paragraph (a), and an incubator in which the way of working ensures that these eggs are incubated at a completely independent time and place of eggs which do not comply with the requirements of paragraph (a) of this paragraph.

(c) The breeding and holding birds shall:

1.o Not be vaccinated against Newcastle disease, and 2.o Haber remained isolated for fourteen days prior to dispatch, either on a holding, either in a quarantine unit, under the supervision of the veterinary surgeon. (a) the condition that no poultry found on the holding of origin, or, where appropriate, in the quarantine unit, has been vaccinated against Newcastle disease during the twenty-one day preceding the date of birth, dispatch and no birds other than those which integrate the lot into the holding or in the quarantine unit during the same period, in addition to the fact that no vaccination is carried out in the quarantine units, and 3.o Haber has been subjected, during the 14 days preceding the dispatch, to representative serological tests for the detection of Newcastle disease antibodies, with negative results, carried out in accordance with paragraph 1 of Annex V to this Royal Decree.

(d) Birds for slaughter must be carried out from flocks which:

1. º If they are not vaccinated against Newcastle disease, comply with the requirement set out in paragraph 1, c), 3. of this article.

2. º If they are vaccinated, they must not have been vaccinated with a live vaccine during the 30 days preceding the expedition and must have been subjected to a representative sample during the 14 days preceding the date of the vaccination. to the issue, to a test carried out for the purpose of isolating the Newcastle disease virus in accordance with paragraph 2 of Annex V to this Royal Decree.

2. Where a Autonomous Community which does not practice vaccination against Newcastle disease wishes to be recognised as such, it shall provide the Directorate-General for Livestock in the Ministry of Agriculture, Fisheries and Food, with a programme of pursuant to Article 12 (1) of this Royal Decree, for submission to the European Commission, through the regulatory channel, for eventual approval.

3. The data to be taken into account to determine that the entire Spanish territory or some

of its Autonomous Communities has the status of non-vaccination against Newcastle disease shall be those referred to in Article 12 (2) of this Royal Decree and in particular the following:

(a) No vaccination against Newcastle disease of the birds referred to in Article 1 of this Royal Decree must have been authorised during the preceding 12 months, with the exception of compulsory vaccination of the birds. The following are the case in point (b) of Article 15 (2) of Royal Decree 1988/1993 of 12 November 1993 laying down measures for the fight against Newcastle disease.

(b) The flocks of breeding birds must undergo serological control to detect the presence of Newcastle disease at least once a year, in accordance with the rules laid down in Annex VI to this Royal Decree.

(c) Holdings shall not contain birds which have been vaccinated against Newcastle disease in the preceding 12 months, with the exception of the messenger pigeons vaccinated in accordance with Article 15 (2). of Royal Decree 1988/1993.

4. The European Commission may suspend the status of non-vaccination against Newcastle disease from the whole of the Spanish territory or the Autonomous Communities in which it is not vaccinated, in the following cases:

(a) A serious disease epidemic in Newcastle that has not been controlled, or (b) the legal restrictions prohibiting the systematic use of Newcastle disease vaccination shall be repealed.

Article 12. Recognition of avian disease-free regions.

1. Where an Autonomous Community establishes or has established an optional or compulsory programme for the control of a disease to which the poultry is exposed, it shall notify the Directorate-General of Livestock of the Ministry of Agriculture, Fisheries and Food, with special reference to:

a) The disease situation in your territory.

b) The justification of the program for the importance of the disease and its advantages from the point of view of the cost/benefit ratio.

c) The geographical area in which the program is to be applied.

(d) The different statutes applicable to the farms and the standards to be achieved in each category, as well as the test procedures.

e) The control procedures for that program.

(f) The consequences to be deducted from the loss of the status by the farm, for whatever reason.

g) The measures to be taken in the event of positive results during the checks carried out in accordance with the provisions of the programme.

The Directorate-General for Livestock of the Ministry of Agriculture, Fisheries and Food shall examine the justifications and, where appropriate, submit them to the Commission, in order to be recognized as complementary or limited guarantees intra-Community trade in poultry intended for that territory.

2. Where a Autonomous Community is considered wholly or partly free from one of the diseases to which the poultry is exposed, it shall present the appropriate justifications to the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food, in particular:

a) The nature of the disease and the history of its occurrence in its territory.

(b) The results of the control tests, based on a serological, microbiological or pathological investigation and on the fact that the disease must be compulsorily declared to the competent authorities.

c) The period during which the control was performed.

(d) Eventually, the period during which vaccination against the disease has been prohibited and the geographical area affected by that prohibition.

e) The rules that have been followed for the control of the absence of the disease.

The Directorate-General for Livestock of the Ministry of Agriculture, Fisheries and Food shall examine the justifications and, where appropriate, submit them to the Commission, in order to be recognized as complementary or limited guarantees intra-Community trade in poultry intended for that territory.

Article 13. Labelling and transport.

1. The day-old chicks and hatching eggs must be transported in new single-use packages designed for this purpose, which shall be used once and shall be destroyed, or in packages which may be reused after cleaning and disinfection.

In any case, the packaging must:

(a) Contain only day-old chicks or hatching eggs of the same species, category and type of bird and originating from the same farm.

b) Indicate on your label:

1. The name "Kingdom of Spain" and the name of the Autonomous Community of origin.

2. º The authorisation number of the farm of origin, in accordance with paragraph 2 of Chapter I of Annex I to this Royal Decree.

3. º The number of eggs or chicks in each box.

4. º The kind of poultry to which the eggs or chicks belong.

2. Packages containing day-old chicks or hatching eggs may be grouped together for transport in containers intended for that purpose. Such containers shall include the number of packages grouped together and the particulars referred to in paragraph 1 (b) of this Article.

3. Breeding or holding birds shall be transported in boxes or cages:

(a) Containing only poultry of the same species, category and type and which come from the same farm.

(b) bearing the approval number of the farm of origin referred to in paragraph 2 of Chapter I of Annex I to this Royal Decree.

4. Breeding and holding birds and day-old chicks shall be sent as soon as possible to the target farm without coming into contact with other live birds, with the exception of breeding or holding birds or day-old chicks. life that meets the conditions set out in this Royal Decree.

Birds for slaughter must be sent as soon as possible to the recipient slaughterhouse without contact with other birds, with the exception of birds for

slaughterhouse that meet the conditions set out in this Royal Decree.

Birds intended for population hunting must be sent as soon as possible to the point of destination without coming into contact with other birds, except those intended for the supply of hunting for restocking. conditions set out in this Royal Decree.

5. Boxes, cages and means of transport must be designed in such a way that:

a) Avoid the loss of excrement and reduce, as far as possible, the loss of feathers during transport.

b) Facilitate the observation of birds.

c) Allow cleaning and disinfection.

6. The means of transport and, if not unique, the containers, boxes and cages must be cleaned and disinfected before loading and after unloading, according to the instructions of the competent authority of the Autonomous Community.

Article 14. Transport restrictions.

The transport of the poultry referred to in Articles 6 and 7 of this Royal Decree, through an infected area of avian influenza or Newcastle disease, shall be prohibited except in the case where for such transport the large road or rail axles are used.

Article 15. Health certificate.

Without prejudice to the health certificate referred to in Annex IV to Royal Decree 2087/1994 of 20 October 1994 laying down health conditions for the production and placing on the market of fresh poultrymeat, the poultry and hatching eggs which are the subject of intra-Community trade must be accompanied, during their transport to the place of destination, of a health certificate:

(a) According to the corresponding model provided for in Annex III to this Royal Decree.

b) Signed by an official veterinarian.

(c) Extended on the day of boarding, at least, in the official Spanish language of the State and in the official language of the Member State of destination.

d) Valid for a period of five days.

e) consisting of a single sheet.

f) Preview for a single recipient.

g) That bears a stamp and a signature of color other than the printed letter of the certificate.

The Directorate-General for Livestock of the Ministry of Agriculture, Fisheries and Food, in compliance with the general provisions of the Treaty establishing the EEC, may grant one or more Member States consignors, general authorisations or limited to specific cases, according to which poultry and hatching eggs may be introduced into Spain from the certificate provided for in this Article.

CHAPTER III

Third country imports

Article 16. General conditions.

1. Poultry and hatching eggs must come from third countries or from parts of third countries which appear on a list drawn up by the Commission.

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

3. Each batch of poultry or hatching eggs arriving in Spanish customs territory shall be subject to control by the official veterinary services attached to the border inspection posts approved for that purpose, before being released for free circulation or to be admitted under any customs procedure.

Article 17. Health status of the country of origin.

Poultry and hatching eggs must come from third countries:

(a) In which avian influenza and Newcastle disease, as defined in the Royal Decrees 1025/1993 of 25 June 1993, laying down measures for the fight against avian influenza, and 1988/1993 of 12 December 1993, November, for which measures are laid down for the fight against Newcastle disease, are notifiable diseases.

(b) Free of avian influenza and Newcastle disease or which, even if they are not free of these diseases, apply measures of struggle at least equivalent to those laid down respectively in the Royal Decrees 1025/1993 and 1988/1993.

Article 18. Specific conditions.

1. Without prejudice to the provisions of Article 16 (1) of this Royal Decree, the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food shall only authorise the importation of poultry and hatching eggs. come from flocks that:

(a) Before dispatch they have remained uninterruptedly in the territory or part of the territory of the third country during the period to be determined by the Commission in each case.

(b) Respond to the animal health conditions adopted by the Commission for imports of the various species and categories of poultry and hatching eggs of that country.

2. In order to fix animal health conditions, the reference basis used shall be the rules laid down in Chapter II of this Royal Decree and in the relevant Annexes, with the exceptions which the European Commission decides on a case-by-case basis. to those provisions, if the third country concerned provides similar guarantees, at least equivalent in the field of animal health, and includes the compulsory quarantine and testing for the detection of avian influenza, of the Newcastle disease and any other disease that is relevant.

Article 19. Veterinary certificate.

The poultry and hatching eggs shall be accompanied by an extended certificate signed by an official veterinarian of the exporting third country and shall be in accordance with the model approved by the Commission.

The certificate must:

(a) Credit that the poultry or hatching eggs comply with the conditions set out in this Royal Decree and those laid down in this Royal Decree for imports from third countries or the country the third party concerned.

(b) Be issued on the day on which the cargo was placed for dispatch to the place of destination in Spain.

c) Be drafted, at least, in the official Spanish language of the State.

d) accompany the expedition in its original copy.

e) Having a validity period of five days.

f) Single-sheet Constar.

g) Expected for a single recipient.

h) Bring a different color signature and signature to the printed letter of the certificate.

Article 20. Inspections.

The Commission, acting on a proposal from the Directorate-General for Livestock in the Ministry of Agriculture, Fisheries and Food, shall designate the veterinary experts responsible for carrying out the on-the-spot checks to verify compliance with the all the provisions of this Royal Decree on import.

Article 21. Import poultry from slaughter.

When arriving in Spain, the birds for slaughter must be transported directly to a slaughterhouse for slaughter as soon as possible.

Without prejudice to specific conditions which may be laid down in accordance with the envisaged Community procedure, the Directorate-General for Livestock in the Ministry of Agriculture, Fisheries and Food may designate, for reasons of animal health, the slaughterhouse to which the birds are to be transported.

Article 22. Import controls.

1. Inspections of poultry imported from third countries shall be carried out in accordance with the general rules and principles concerning the control of imports of live animals from third countries.

2. The importation of poultry and hatching eggs shall be prohibited when:

(a) Shipments do not come from the territory or part of the territory of a third country included in the list drawn up in accordance with Article 16 (1) of this Royal Decree.

b) Shipments have a contagious disease or are suspected to have or are contaminated by it.

(c) The exporting third country has not fulfilled the conditions laid down in this Royal Decree.

d) The certificate accompanying the consignment does not meet the conditions set out in Article 19 of this Royal Decree.

e) The examination proves that the Community rules on hormones and residues are not complied with.

3. Without prejudice to any special conditions, which may be adopted by the Commission for animal health reasons, or where the authorisation to re-issue poultry has not been granted, the entry of which has been rejected in accordance with paragraph 1. 1 of this Article, the Directorate-General for Livestock of the Ministry of Agriculture, Fisheries and Food may designate the slaughterhouse to be carried out by those birds or establish any other formula to ensure the slaughter and destruction of animals.

CHAPTER IV

Common Provisions

Article 23. Safeguard clause.

The safeguard measures provided for in Royal Decree 49/1993 of 15 January 1993 on veterinary checks applicable to poultry and eggs will be applied to intra-Community trade in poultry and eggs. intra-Community trade in products of animal origin.

Article 24. Controls.

They shall apply to poultry and eggs for hatching the veterinary checks laid down in Royal Decree 1316/1992 of 30 October laying down the veterinary and zootechnical checks applicable to the intra-Community trade in certain live animals and products with a view to the completion of the internal market.

Additional disposition first. Competitive titles.

This provision is made in accordance with the provisions of Article 149.1.10.a and 16.a of the Constitution, which attributes to the State exclusive powers in matters of foreign trade, foreign health, bases and coordination. general health, respectively.

Additional provision second. Arrangements applicable to imports from third countries.

Until the entry into force of the relevant Community decisions, the Directorate-General for Livestock of the Ministry of Agriculture, Fisheries and Food shall apply to imports of poultry and hatching eggs. from third countries, the conditions which are at least equivalent to those resulting from the application of Chapter II of this Royal Decree.

Single repeal provision. Regulatory repeal.

Royal Decree 1317/1992 of 30 October 1992 laying down the animal health conditions applicable to intra-Community trade in and imports of poultry and hatching eggs is hereby repealed. from third countries, as amended by Royal Decree 361/1995 of 10 March.

Final disposition first. Faculty of development.

The Minister of Agriculture, Fisheries and Food, within the scope of his duties, is empowered to make the necessary provisions for the fulfilment and application of the provisions of this Royal Decree, as well as for amend the Annexes to this provision, in order to adapt them to Community rules.

Final disposition second. Coordination rules.

By the Ministry of Agriculture, Fisheries and Food, the rules will be issued and coordination actions aimed at the sanitation of Spanish poultry farms will be carried out until the qualifications are obtained. The health of the health authorities of the Member States of the European

.

Final disposition third. 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 to November 22, 2000.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

MIGUEL ARIAS CANETE

ANNEX I

Authorization of farms

CHAPTER I

General rules

1. In order to obtain the authorization of the competent bodies of the Autonomous Communities for intra-Community trade, the farms must:

a) Meet the installation and operating conditions defined in Chapter II.

b) Apply and comply with the conditions of a disease control program authorized by the General Directorate of Livestock, Ministry of Agriculture, Fisheries and Food, and which takes into account the requirements formulated in Chapter III of this Annex.

(c) Give all kinds of facilities for the conduct of the operations referred to in paragraph (d) below.

(d) To be subject, in an organized health check, to the supervision of the competent bodies of the Autonomous Communities. In particular, such sanitary control shall include:

1. A health visit, at least annually, by the official veterinarian, to be completed with a check on the application of the hygiene and operating measures of the farm in accordance with the conditions of Chapter II of this Annex.

2. The record, by the producer, of all the data necessary to enable the competent bodies of the Autonomous Communities to carry out a permanent check on the health status.

e) Contain exclusively poultry of the species defined in Article 2 (3) of this Royal Decree.

2. The competent authority of the corresponding Autonomous Community shall attribute to each of the farms, which satisfy the conditions laid down in paragraph 1, a distinctive number of authorisations, which may be identical to that already allocated in application of the Council Regulation (EEC) No 2782/75 of 29 October on the production and marketing of hatching eggs and poultry chicks and shall inform the Directorate-General of Livestock of the Ministry of Agriculture, Fisheries and Power.

CHAPTER II

Facilities and operation

A) Selection, multiplication and breeding farms.

1. Installations.

(a) The situation and the disposal of the facilities must be appropriate to the type of production and prevent the introduction of diseases, or ensure their control in the event that they appear. Where a farm houses more than one poultry species, those species shall be clearly separated from each other.

(b) The facilities must ensure good hygiene conditions and allow the practice of sanitary control.

(c) The material must be suitable for the type of production and allow the cleaning and disinfection of the facilities, as well as the means of transport of the birds and the eggs in the most appropriate place.

2. Breeding systems.

(a) As far as possible, the breeding technique will be based on the principles of "protected breeding" and "all full, all empty". For each batch, cleaning, disinfection and sanitary emptying shall be carried out.

(b) The breeding and breeding farms and breeding farms may only host poultry from:

1. of the farm itself, and/or 2. of other farms, of breeding, selection or multiplication of the territory of the EU, equally authorized.

3. No. Of imports from third countries made in accordance with the provisions of this Royal Decree.

c) The veterinary address of the farm will dictate the hygiene rules to be adopted. The staff must wear exclusive work uniforms and the visitors wear protective clothing according to biosafety parameters.

(d) Buildings, enclosures and material must be properly maintained.

e) Eggs will be collected several times a day and must be cleaned and disinfected as soon as possible.

(f) The producer shall inform the authorised veterinarian of any variation in performance or any symptom that may cause a suspected contagious disease of the birds.

As soon as there is suspicion, the authorised veterinarian will send to an approved laboratory the samples required for the establishment or confirmation of the diagnosis.

g) There shall be a breeding record, file or computer support per flock, kept for at least two years after the removal of the flock, and indicating:

1. Bird inputs and outputs.

2. º Productivity.

3. Morbidity and mortality, and their causes.

4. The laboratory analyses performed and the results obtained.

5. The provenance of birds.

6. The fate of the eggs.

(h) In the case of contagious disease of birds, the results of the laboratory tests shall be communicated immediately to the authorised veterinarian, who shall immediately inform the official veterinarian.

B) Incubators.

1. Installations.

(a) There shall be a physical and functional separation between the hatchery and the breeding facilities. The layout shall permit the separation of the following functional sectors:

1. Storage and classification of eggs.

2. Deinfection.

3. Preincubation.

4. Birth.

5. Preparation and conditioning of expeditions.

(b) Buildings must be protected against birds from outside and rodents. The floors and walls must be of resistant, waterproof and washable materials. The natural or artificial lighting conditions and the air and temperature regulation systems shall be appropriate. The hygienic disposal of waste (eggs or chicks) must be provided.

c) The material must have the smooth and waterproof walls.

2. Operation.

(a) The operation shall be based on the principle of single-sense circulation of the eggs, the service material and the personnel.

(b) The hatching eggs must proceed:

1. No. Of farms for the selection or multiplication of authorized EU territory.

2. No. Of imports from third countries made in accordance with the provisions of this Royal Decree.

(c) The veterinary address of the farm shall dictate the hygiene rules, the staff shall wear uniform working uniform and the visitors shall wear protective garments.

d) Both the buildings and the material must be properly maintained.

e) Disinfection operations will affect:

1. To eggs, between the time of their arrival and their incubation.

2. To incubators, in a systematic way.

3. º To the birth chambers and the material, after each birth.

(f) A microbiological quality control programme shall enable the health status of the hatchery to be assessed.

g) The producer shall communicate to the authorised veterinarian any variation in the evolution of the production or any symptom that may arouse a suspicion of contagious disease of the birds.

As soon as there is a suspected contagious disease, the authorised veterinarian shall send to an approved laboratory the samples necessary for the establishment or confirmation of the diagnosis and shall inform the health authority. competent of the Autonomous Community, which shall decide on the measures to be taken.

h) A record of the incubator, file or computer support shall be kept, kept for at least two years, per flock, if possible, and shall indicate:

1. The origin of the eggs and their date of arrival.

2. The results of births.

3. The observed failures.

4. The laboratory analyses performed and the results obtained.

5. The eventual vaccination programs.

6. º The number and fate of incubated eggs that did not give rise to births.

7. The fate of day old chicks.

(i) In the case of contagious disease of birds, the results of laboratory tests shall be immediately communicated to the authorised veterinarian, who shall inform the official veterinarian without delay.

CHAPTER III

Health control program for diseases

In the health control programmes for diseases, at least the conditions for the control of infections and the species referred to below should be established.

A) Infections by "salmonella pullorum and gallinarum" and "salmonella arizonae".

1. Species concerned:

(a) For "salmonella pullorum and gallinarum": chickens, turkeys, guinea fowl, quails, pheasants, partridges and ducks.

b) As regards "salmonella arizonae":

turkeys.

2. Health control program:

(a) The determination of the infection shall be carried out by serological or bacteriological analysis, or both.

(b) The samples to be analysed shall, as the case may be, be the blood of second-quality chicks, of fluff or of powder of the chamber of birth, of the material attached to the walls of the hatchery, of the litter or of the water of the Drink.

(c) In order to decide on the number of blood samples to be extracted for the detection of "salmonella pullorum" or "salmonella arizonae" by serological analysis, account shall be taken of the prevalence of infection in the country and your history on the farm.

(d) Every flock shall be subject to control at the most effective time for the detection of the disease at each laying period.

B) Infections of "mycoplasma gallisepticum" and "mycoplasma meleagridis".

1. Species concerned:

a) Pollos and turkeys, as regards the 'mycoplasma gallisepticum'.

b) Pavos, as far as "mycoplasma meleagridis" is concerned.

2. Health control program:

(a) The determination of the infection shall be carried out by serological or bacteriological analysis or by the testing of the use of aerosolite lesions in day-old chicks and pavements, as the case may be.

(b) The samples to be analysed shall, as the case may be, be the blood of day-old chicks and pavements, of semen, trachea scraping, avian cloacal or air sacs.

(c) The analysis for the detection of 'mycoplasma gallisepticum' or 'mycoplasma melepleasis' shall be carried out on the basis of representative sampling allowing continuous infection control during the breeding and/or putting, that is, just before the start of the putting and then every three months.

C) Results and measures to be taken.

In case there is no reaction, the control is negative. Otherwise, the flock shall be considered suspicious and the measures laid down in Chapter IV of this Annex shall be applied.

D) Exceptions.

In the case of farms containing several independent production units, the competent bodies of the Autonomous Communities may derogate from these measures as regards production units. sound from an infected farm, provided that the approved veterinarian has confirmed that the structure of these production units, their importance and the operations carried out on them are such that, from the point of view

of view of the enclosure, maintenance, and power, such production units are completely independent, so it is not possible for the disease in question to spread from one production unit to another.

CHAPTER IV

Criteria for suspending or withdrawing authorization from a farm

1. The competent authority shall suspend the authorisation of a farm and inform the General Directorate of Livestock:

(a) Where the conditions laid down in Chapter II of this Annex are no longer met.

b) Until the necessary research on the disease is concluded:

1. In case the existence of avian influenza or Newcastle disease on the farm is suspected.

2. In case the farm has received poultry or hatching eggs from a farm suspected of infection or infected with avian influenza or Newcastle disease.

3. In case a contact has been established that can transmit the infection between the farm and the outbreak of avian influenza or Newcastle disease.

(c) Until further analysis is carried out, if the results of the checks undertaken in accordance with the conditions of Chapters II and III relating to the infections of 'salmonella pullorum and gallinarum', 'salmonella arizonae', 'mycoplasma gallisepticum' or 'mycoplasma meleagridis', may allow an infection to be seen.

(d) Until the application of the measures which the official veterinarian deems appropriate, if it is found that the farm does not satisfy the requirements of paragraphs (a), (b) and (c) of Chapter I.

.

2. The competent authority shall revoke the authorisation of a farm and inform the General Directorate of Livestock:

(a) In the event that avian influenza or Newcastle disease is declared in the same.

(b) In the case of a properly performed new analysis, confirm the presence of an infection of 'salmonella pullorum and gallinarum', 'salmonella arizonae', 'mycoplasma gallisepticum' or 'mycoplasma meleagridis'.

(c) Where, following a new requirement from the official veterinarian, the measures for the fulfilment of the requirements referred to in Chapter I (1) (a), (b) and (c) are not adopted.

3. The granting of new authorisation shall be subject to the following

:

(a) If the authorisation has been revoked because of the occurrence of avian influenza or Newcastle disease, it may be re-granted after 21 days from the date of the authorisation. cleaning and disinfection, after the sanitary slaughter operation.

b) When the authorization has been revoked for reasons of infections caused by:

1. 'Salmonella pullorum and gallinarum' or 'salmonella arizonae', after two checks with a negative result separated at least for a period of twenty-one days and have been disinfected after the establishment make a sanitary slaughter of the affected flock.

2. 'Mycoplasma gallisepticum' or 'mycoplasma meleagridis' may be regranted after two controls have been carried out on the set of the avian flock, with negative results, separated by an interval of at least 60 days.

ANNEX II

Poultry Vaccination Conditions

1. Vaccines used for the vaccination of poultry or flocks of origin of hatching eggs shall have a marketing authorisation issued by the General Administration of the State.

2. The criteria for the use of Newcastle disease vaccines in the framework of routine vaccination programmes are as follows:

(a) Live vaccines attenuated against Newcastle disease must be prepared from strains of virus of the disease whose "master seed strain" has been subjected to a test which has revealed a pathogenicity index intracerebral (IPIC) of:

1. º Less than 0.4; if each bird has received at least 107 EIDs for the test.

2. º Less than 0.5; if each bird has received at least 108 EIDs for the test.

(b) inactivated vaccines against Newcastle disease must be prepared from strains of virus of the disease whose "master seed strain" has been subjected to a test which has revealed a pathogenicity index. intracerebral (IPIC) less than 0.7; if each bird has received at least 108 ELD50 for the test.

ANNEX III

Health certificates for intra-Community trade

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ANNEX IV

Mandatory declaration diseases

a) Avian Influenza.

b) Newcastle disease.

ANNEX V

1. Serological control for the detection of antibodies to Newcastle disease in poultry

1. Take blood samples. The poultry subject to the conditions of this Annex shall come from flocks of which blood samples have been obtained from at least 60 birds taken at random and which have been examined by the inhibition test of the haemagglutination (IH) in accordance with the procedure set out in paragraph 2.

2. "Procedure": the procedure laid down in Chapter IV of Annex II to Royal Decree 1988/1993 of 12 November establishing measures for the fight against Newcastle disease.

3. Interpretation of the results. The antigen used will influence the level from which the serum is considered to be positive: in the case of 4 hemagglutination units, a serum will be positive when it shows a degree equal to or greater than 24; in the case of 8 units of hemagglutination, the serum shall be positive when it has a title equal to or greater than 23.

2. Isolation of Newcastle disease virus in slaughterhouse birds

The poultry subject to the conditions of this Annex shall proceed from flocks which have undergone a test to detect the presence of Newcastle disease virus with negative results, and without isolated viruses, according to the following procedure:

1. Sample Take. At least 60 samples shall be taken to include cloacal swabs or faeces from each of the flocks.

2. Treatment of the samples. No more than five samples may be pooled. Their treatment shall be carried out in accordance with paragraphs 2 and 3 of Chapter I of Annex II to Royal Decree 1988/1993.

3. Isolation of the virus in embryonic poultry eggs. It shall be carried out in accordance with Chapter II of Annex II to Royal Decree 1988/1993.

ANNEX VI

Annual serological control for the detection of Newcastle disease antibodies in the flocks of breeding poultry in the Member States or regions of the Member States which have reached the status of Member State or region which does not practice vaccination against Newcastle disease.

1. Taking of blood samples. Once a year, samples shall be taken from all flocks of breeding birds as follows: the blood samples shall come from at least 60 birds taken at random and have been examined by means of the haemagglutination (IH) inhibition test. the procedure set out in paragraph 2.

2. Procedure: the procedure described in paragraph 2 of Annex V to this Royal Decree.

3. Interpretation of the results. As set out in paragraph 1.3.o of Annex V to this Royal Decree.

ANNEX VII

National Reference Laboratory: Central Veterinary Laboratory, Madrid-Algete.