The breeding of poultry is part of the agricultural activities while it is a source of income for a part of the agricultural population, and there is therefore a need for harmonization of the health rules. animal, concerning intra-Community trade and imports from third countries of fresh poultrymeat, in order to ensure a rational development of the production of the sector and an improvement in productivity.

These aspects are reflected in Directive 91 /494/EEC of 26 June laying down the animal health conditions to be followed by intra-Community trade in and imports of fresh meat. of poultry from third countries, the content of that Community standard being incorporated into our legal order.

Also, by means of Royal Decree 644/1989 of 19 May, the Technical-Health Regulations were approved for the exchange of fresh meat of birds for intra-Community trade, and imports from third countries countries, and the rules relating to slaughterhouses, cutting plants and cold stores authorised for such trade.

On the other hand, it is appropriate to amend the veterinary inspection certificate of Royal Decree 1755/1986 of 28 June laying down the technical standards for the marking of carcases, offal and poultry meat products, as well as the veterinary inspection certificates for trade with the Member States of the European Economic Community, in order to ensure a parallel adjustment to compliance with the new health rules by all the Member States. Community.

Consequently, it is necessary to incorporate into Spanish legislation the animal health requirements set out in that Directive, and in accordance with the state competence contained in Article 149.1.10 and 16 of the Constitution.

In its virtue, on the proposal of the Ministers of Agriculture, Fisheries and Food and of Health and Consumer Affairs and after deliberation of the Council of Ministers of 30 October 1992,

DISPONGO:

Chapter I

General provisions

Article 1.

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

Article 2.

For the purposes of this Royal Decree is understood by:

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

(b) : The poultry directly driven to the slaughterhouse to be slaughtered there as soon as possible and no later than seventy-two hours after arrival.

c) : All parts of poultry fit for human consumption.

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

e)

: The country which is not a member of the EEC authorized for trade with the EEC.

Chapter II

Rules applicable to intra-Community trade

Article 3.

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

(a) Which have remained since birth on Community territory or have been imported from third countries in accordance with the rules concerning animal health conditions governing trade intra-Community trade and imports of poultry and hatching eggs from third countries.

Until 31 December 1992, and in the case where the meat of poultry is intended for the Member States or parts thereof whose status has been recognised in accordance with the Community rules referred to in Article 1 (2), the previous paragraph, such meat must come from poultry which has not been vaccinated with a live attenuated Newcastle disease vaccine in the 30 days preceding its slaughter.

b) That come from a holding:

1. It is not subject to any prohibition measures taken against any of the diseases affecting poultry.

2. It is not situated in an area which has been declared infected with avian influenza or Newcastle disease.

(c) that 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 declared infected areas of any of the these two diseases, except if they pass through the main roads or railway lines.

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

Any fresh meat in which there is evidence of contamination in the slaughterhouse, cutting-off room, warehouse or during transport shall be excluded from trade.

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

(f) To be accompanied by the veterinary inspection certificate provided for in the Annex to this Royal Decree.

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

1. Contained in the personal luggage of travellers and intended for their own consumption.

2. They are the subject of small consignments to private individuals without commercial character.

3. They shall be on board of means of transport engaged in international transport for the purpose of supplying the staff and passengers.

Article 4.

Fresh poultrymeat must bear the veterinary inspection mark referred to in the first chapter of Annex I to Royal Decree 1755/1986, provided that they comply with the requirements laid down in paragraph 1. Article 3 of this Royal Decree and which are derived from animals which have been slaughtered under the conditions of hygiene laid down in Royal Decree 644/1989.

Article 5.

1. Fresh meat of birds which do not comply with the provisions laid down in Article 3 (1) (b) and (c) and the first subparagraph of Article 3 (d) of this Royal Decree may be marked if they are not marketed as such provided that the mark referred to in Article 4 of this provision is immediately overprinted in such a way that the official health inspection seal, as defined in the second standard of Chapter 1 of Annex I to Royal Decree 1755/1986, is crossed by a cross, consisting of two perpendiculars and stamped in an oblique sense of such that the intersection is at the centre of the seal and that the indications appearing in it remain legible.

With regard to the possession and use of the marking instruments, the provisions of the first chapter of Annex I to Royal Decree 1755/1986 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.

Article 6.

The organisation of checks at destination will be in accordance with Community rules on veterinary checks on intra-Community trade with a view to the completion of the internal market.

Article 7.

By the Spanish State, veterinary experts from the Commission will be provided with controls, collaboration with the competent national authorities, with all the assistance necessary for their compliance with their obligations. mission.

Chapter III

Rules applicable to imports from third countries

Article 8.

1. Fresh meat of poultry imported into the Community 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, listed in the list drawn up in accordance with Article 9 of this provision.

(b) To meat found, in terms of 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.

1. Fresh poultrymeat 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 list referred to therein, and any amendments thereto, shall be published by the Ministry of Agriculture, Fisheries and Food in the Official Journal of the European Communities. of the State > for greater knowledge of the stakeholders.

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

Article 10.

1. Fresh poultry meat must come from countries free of avian influenza and Newcastle disease.

2. Fresh meat may also be processed only by a third country, subject to the conditions laid down by the Commission.

Article 11.

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.

Article 12.

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

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 or from the third country concerned.

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

(c) Redacta, at least, in the official Spanish language of the State, in the official language (s) of the sending country and in one of the country where the import inspection is to be carried out.

d) accompany the shipment in its original copy.

e) Single-sheet Constar.

f) Go to a single recipient.

Article 13.

The general rules and principles to be applied in the controls of fresh poultrymeat imported from third countries, as well as the safeguard measures to be taken, shall be those laid down in the Community legislation laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries.

Article 14.

inspections will be carried out order to verify whether the provisions of this Royal Decree are actually applied. The veterinary experts responsible for carrying out these inspections shall be appointed by the Commission on a joint proposal from the Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs.

Additional disposition first.

This provision is made pursuant to Article 149.1.10 and 16 of the Constitution.

Additional provision second.

1. Article 3 of Royal Decree 1755/1986 of 28 June 1986 laying down the technical rules for the marking of carcases, offal and meat products of birds, as well as veterinary inspection certificates, for trade with the Member States of the European Economic Community shall be worded as follows:

Slaughterhouses, cutting plants and poultry meat industries, in order to participate in trade with Member States of the EEC, must be authorized for this purpose by the competent authority of the relevant Autonomous Community and have been included in the lists of approved establishments drawn up by the Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs. >

2. The third paragraph of the first rule in Annex I to Royal Decree 1755/1986 is worded as follows:

3. (i) and (j) of Article 1 of the Annex to Royal Decree 644/1989 of 19 May 1989 on the Technical-Health Regulations concerning the exchange of fresh meat of birds for intra-Community trade and imports of The same applies to third countries, and the rules relating to slaughterhouses, cutting plants and cold stores authorised for such trade are worded as follows:

(i) Official veterinarian: The one designated jointly by the Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs, for imports from third countries, and by the Autonomous Communities for trade intra-Community

(j) Inspection assistant: The technician officially appointed jointly by the Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs, for imports from third countries, and by the Autonomous Communities for intra-Community trade, for assistance to the official veterinarian. >

4. Article 2 of the Annex to Royal Decree 644/1989 is worded as follows:

For intra-Community trade in carcases and birds, the Autonomous Communities shall grant authorisations to establishments which comply with the provisions laid down in this Regulation.

They shall also ensure that the official veterinarians monitor compliance with them and, where appropriate, the authorisation granted shall be withdrawn where it has been demonstrated that an approved establishment has not complied with the each and every one of the conditions required in this provision. For the purposes of the following Article, the Autonomous Communities shall communicate to the Ministries of Agriculture, Fisheries and Food and Health and Consumption the authorisations granted and, where appropriate, withdrawn. >

Additional provision third.

As long as the Community health rules concerning imports of poultrymeat from third countries are not applied, those rules shall never be more favourable than those governing trade. Intra-Community trade, which are established in Royal Decree 644/1989, and must comply with the requirements laid down in Community legislation concerning veterinary checks on intra-Community trade with a view to the completion of the internal market.

Single repeal provision.

Annex II to Royal Decree 1755/1986 of 28 June 1986 laying down the technical standards for the market in poultry carcases, offal and meat products, as well as the veterinary inspection certificates for trade with the Member States of the European Economic Community.

Final disposition first.

The Ministers of Agriculture, Fisheries and Food and of Health and Consumer Affairs are empowered to make, in the field of their powers, the necessary provisions for the fulfilment and implementation of the provisions of this Royal Decree.

Final disposition second.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid to October 30, 1992.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ

ANNEX

Certificate of animal health and veterinary inspection concerning fresh meat of birds (1) intended for a Member State of the European Economic Community.

Shipper country ...

Number (2) ...

Competent Authority ...

Reference (2) ...

I. Identification of the meat.

Meats of ... (animal species)

Nature of the pieces ...

Nature of packaging ...

Number of units in the package ...

Net weight ...

II. Origin of the meat.

Address (s) and veterinary authorization number (s) (4):

-From the approved slaughterhouse (s) ...

-From the authorized cutting room (s) ...

-From the authorized cold store (s) ...

III. Destination of the meats.

Meats are issued from ... (place of dispatch)

a ... (country and place of destination)

By the following means of transport (3) ...

Shipper name and address ...

Recipient name and address ...

IV. Certificate.

The undersigned, official veterinarian, certifies:

(a) that the poultry meat referred to above (1) complies with the requirements of Directive 91 /494/EEC on animal health conditions to which intra-Community trade and imports of the products concerned are to be adjusted; fresh poultrymeat from third countries and, in addition, the requirements of the second subparagraph of Article 3 (1) of that Directive, if the meat is intended for a recognised Member State or region of Member State The disease is free of Newcastle disease.

b) The poultry meat above indicated (4).

That the packages of the above mentioned meats (4) carry a signal for identification which proves that:

-The meat comes from animals slaughtered in approved slaughterhouses (4).

-The meats have been cut in an authorized cutting room (4).

(c) that such meat is recognised as fit for human consumption after a veterinary inspection carried out in accordance with the provisions of Royal Decree 644/1989 of 19 May 1989 on the approval of the Technical-Health in the field of the exchange of fresh poultry meat for intra-Community trade and imports from third countries, and the rules relating to slaughterhouses, cutting plants and cold stores authorised for such trade.

d) That the vehicles or transport machines and the conditions of the shipment of such expedition are in accordance with the requirements of hygiene defined in Royal Decree 644/1989.

Issued in ... the ..., ...

(signature of the official veterinarian)

(1) Fresh poultry meat; fresh meat from the following species: hens, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and partridges, living in the domestic state, which have not suffered no treatment to ensure their preservation. However, they will have to consider fresh meat treated in the cold.

(2) Optional.

(3) For wagons and trucks, indicate the registration number, for aircraft the flight number and for ships the name.

(4) Strike out what does not apply.