intra-Community trade in and imports of fresh poultrymeat from third countries requires health conditions to ensure the proper condition of meat and to eliminate the risk of transmission of diseases as serious as Newcastle disease or avian influenza.

These conditions are regulated by Royal Decree 1322/1992 of 30 October 1992 laying down the animal health conditions to which intra-Community trade and meat imports are to be adjusted fresh poultry from third countries and which also lays down the rules for vaccination against Newcastle disease in flocks of origin of the meat of birds intended for Member States or regions of the Member States of the members whose status has been recognised in respect of Newcastle disease.

The health status is obtained in accordance with the criteria of Royal Decree 1317/1992 of 30 October 1992 laying down animal health conditions for intra-Community trade and imports of certain products originating in the Community. poultry and hatching eggs from third countries, it is necessary to harmonise the vaccination guidelines to be followed against Newcastle disease and to amend the rules applicable to trade with third countries for ensure their equivalence with those applied in the Member States.

Also, Commission Decision 94 /438/EC of 7 June laying down the criteria for the classification of third countries and parts of the territory of third countries in relation to avian influenza and the disease Newcastle, with a view to the importation of fresh poultrymeat, and amending Decision 93 /342/EEC.

On the other hand, the enactment of Royal Decree 1025/1993 of 25 June establishing measures for the fight against avian influenza, and of Royal Decree 1988/1993 of 12 November, establishing measures for the fight against Newcastle disease, requires the simplification and amendment of Royal Decree 1322/1992 to bring it into line with current health criteria with a view to achieving a harmonious development of trade.

This objective is met by Council Directive 93 /121/EC of 22 December amending Directive 91 /494/EEC on the animal health conditions to which intra-Community trade is to be adjusted. imports of fresh poultrymeat from third countries, which is transposed into national law by means of this Royal Decree, in accordance with the State's powers in the field of external trade and health (a) the external and the general principles and coordination of health contained in Articles 149.1.10. 16. The Constitution.

In its virtue, on the proposal of the Ministers of Agriculture, Fisheries and Food and of Health and Consumer Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of March 10, 1995,

DISPONGO:

Single item.

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 originating in the European Community third countries, is amended as follows:

1. Article 3 (1) (a) shall be replaced by the following:

" (a) Which have remained since birth in the territory of the Community or have been imported from third countries in accordance with the requirements of Chapter III of Royal Decree 1317/1992. Poultry meat intended for the Member States or regions of Member States, the status of which has been recognised in accordance with Article 11 (3) of that Royal Decree, must be carried out by poultry, which shall be have not been vaccinated against Newcastle disease with a live vaccine during the 30 days prior to their slaughter. '

2. The second subparagraph of Article 3 (1) (b) shall be replaced by the following:

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

3. In Article 5, paragraph 3 is added, with the following wording:

" 3. By way of derogation from paragraphs 1 and 2, and in the case of an epizootic disease of Newcastle disease, fresh poultrymeat may be marked in accordance with the provisions of Article 3 (1) (e) of this Regulation. Royal Decree 2087/1994 of 20 October 1994 laying down health conditions for the production and placing on the market of fresh poultrymeat with the official stamp of veterinary inspection as defined in Chapter XII, paragraph 66 of Annex I to that Royal Decree, 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, with the exception of the protection zone established in that paragraph and provided that, after the Epidemiological investigation shows that there has been no contact with an infected holding.

(b) Processed from a flock where a virological examination has been carried out with a negative result five days prior to the dispatch of the birds on a representative sample of the flock; it shall be a veterinarian designated by the the competent authority to carry out the sampling.

(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 examination must be carried out 24 hours before the poultry leaves the holding.

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

(e) to be examined in the slaughterhouse at the time of the "ante-mortem" or "post-mortem" examination for symptoms of Newcastle disease. "

4. Article 10 is replaced by the following:

" Article 10.

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, although 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.

2. Where appropriate, the additional criteria for the classification of third countries in relation to the provisions of paragraph 1 are those laid down in Commission Decision 94 /438/EC of 7 June laying down the criteria for the classification of third countries classification of third countries and parts of the territory of third countries in relation to avian influenza and Newcastle disease, with a view to the importation of fresh poultrymeat, and amending Decision 93 /342/EEC.

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

Single end disposition.

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

Dado en Madrid a 10 de marzo de 1995.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA