ANIMAL HEALTH CONDITIONS (INTRA-COMMUNITY TRADE AND IMPORTS FROM THIRD COUNTRIES OF POULTRY

OF POULTRY AND HATCHING EGGS)

SUBSIDIARY LEGISLATION 437.103

ANIMAL HEALTH CONDITIONS

(INTRA-COMMUNITY TRADE AND IMPORTS

FROM THIRD COUNTRIES OF POULTRY

AND HATCHING EGGS) RULES *

7th February, 2012 †

LEGAL NOTICE 56 of 2012.

(1) The title of these rules is the Animal Health Conditions

(Intra-Community Trade and Imports from Third Countries of

Poultry and Hatching Eggs) Rules.

(2) The scope of these rules is to transpose Directive 90/539/

EEC laying down animal health conditions governing intra-

Community trade, and imports from third countries of poultry and

hatching eggs, as codified by Directive 2009/158/EC in the

interests of clarity and rationality, and shall apply without prejudice

to other national laws or regulations which may apply in this

regard.

(3) These rules are being made for the safeguarding of the

public interest and public safety. Any requirements and safeguard

measures contained therein, including those relating to

authorisations, are made for overriding reasons relating to public

interest.

(1) Unless stated otherwise in these rules, the definitions

in the Act, shall still apply.

(2) For the purpose of these rules and unless the context

otherwise requires the following definitions shall apply

"the Act" means the Veterinary Services Act;

"approved laboratory" means a laboratory located in Malta,

approved by the Competent Authority, under its responsibility, for

the purpose of carrying out the diagnostic tests provided for in

these rules;

"authorisation" means any authorisation granted under these

rules and in relation to authorised providers and services means a

permit, licence, warrant, appointment, concession or any decision

concerning access to a service activity or the exercise thereof;

"authorised provider" has the same meaning as that provided

under the Animal Health Requirements governing Trade and

Imports into the Community of Animals, Semen, Ova and Embryos

not subject to Animal Health Requirements laid down in Specific

Community Acts, Rules;

*These rules have been repealed by Legal Notice 77 of 2025.

†see rule 1(4) of these Rules, as originally promulgated.

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"breeding poultry" means poultry 72 hours old or more, intended

for the production of hatching eggs;

"the Commission" means the European Commission;

"the Community" means the European Community as established

by the Treaty on the European Union as amended by subsequent

treaties;

"the competent authority" means the department responsible for

veterinary services in Malta as established by the Act;

"compulsorily notifiable diseases" means the diseases listed in

Schedule V;

"country of collection or dispatch" means the Member State or

third country in which poultry and hatching eggs are produced,

collected, and processed and from which they are sent to another

Member State;

"day-old chicks" means all poultry less than 72 hours old, not yet

fed, provided that Barbary ducks may be fed;

"the Director" means the Director General responsible for

veterinary services or any veterinarian officer nominated by him;

"establishment" means a facility or part of a facility which

occupies a single site and is devoted to the following activities

(a) pedigree breeding establishment, which produces

hatching eggs for the production of breeding poultry;

(b) breeding establishment, which produces hatching eggs

for the production of productive poultry;

(c) rearing establishment, which rears poultry until the

laying stage;

(d) hatchery, which incubates and hatches eggs and

supplies day-old chicks;

"final consumer" has the same meaning as that provided for

under the Animal Health Requirements governing Trade and

Imports into the Community of Animals, Semen, Ova and Embryos

not subject to Animal Health Requirements laid down in Specific

Community Acts, Rules;

"flock" means all poultry of the same health and immunity status,

r e a r e d o n t h e s a m e p r e m i s e s o r i n t h e sa m e e n c l o s u r e a n d

constituting a single zootechnical unit;

"hatching eggs" means eggs for incubation, laid by poultry;

"health certificate" means a certificate properly issued by the

competent authority in accordance with the six models set in

S c h e d u l e I V, a s a m e a n s o f g u a r a n t e e i n g a n d m o n i t o r i n g

compliance with animal health requirements as regards animals and

products of animal origin subject to trade for the purpose of these

rules;

"health inspection" means a visit by the official veterinarian or

authorised veterinarian for the purpose of inspecting the health

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status of all the poultry in an establishment;

"holding" means a facility which may include an establishment

used for the rearing or keeping of breeding or productive poultry;

"importation" means the importation of animals and their

products from a third country into the Community for the purpose

of intra-Community trade;

"infected area" means for the diseases listed in Schedule V, either

a zone comprising a well-defined territory, depending on the

epizootiological environment of the outbreak site, or a protection

zone with a radius of at least 3 kilometres around the outbreak site,

which is itself included in a surveillance zone of a radius of at least

10 kilometres;

"Me m be r St at e" m e an s a Sta te w h ic h i s a me m be r t o t h e

European Union;

"Member State of destination" means such Member State in

which poultry and hatching eggs are transported from another

Member State for the purpose of intra-Community trade after being

imported from a third country;

"official veterinarian" shall have the same meaning as that

provided for under the Animal Health Requirements governing

Trade and Imports into the Community of Animals, Semen, Ova

and Embryos not subject to Animal Health Requirements laid down

in Specific Community Acts, Rules;

"outbreak site" means the holding or place situated in the

Community where animals are assembled and where any of the

notifiable diseases listed in Schedule V have been officially

confirmed;

"overriding reasons relating to public interest" shall have the

same meaning as that provided for under the Animal Health

Requirements governing Trade and Imports into the Community of

Animals, Semen, Ova and Embryos not subject to Animal Health

Requirements laid down in Specific Community Acts, Rules;

"poultry" means fowl, turkeys, guinea fowl, ducks, geese, quails,

pigeons, pheasants and partridges reared or kept in captivity for

breeding, the production of meat or eggs for consumption, or

intended for re-stocking supplies of game;

"poultry intended for re-stocking supplies of game" means the

restocking supply of game birds referred to also as "poultry" kept

in captivity for breeding and rearing purposes;

"the product" means any product of animal origin subject to

trade;

"productive poultry" means poultry 72 hours old or more, reared

for the production of meat and, or eggs for consumption or for

restocking supplies of game;

"quarantine station" means a facility where the poultry is kept in

complete isolation and away from direct or indirect contact with

other poultry, so as to permit long-term observation and testing for

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the diseases listed in Schedule V;

"sanitary slaughter" means the destruction, subject to all the

necessary health safeguards including disinfection, of all poultry

and products at the outbreak site which are infected or suspected of

being contaminated;

"slaughter poultry" means poultry sent direct to a slaughterhouse

for slaughter as soon as possible after arrival, and in any case

within 72 hours;

"Standing Committee on the Food Chain and Animal Health" or

"the Committee" means a Committee made up of the

representatives of Member States named committee members, who

assist and consult the Commission by delivering an Opinion

regarding safety measures with respect to animal health issues to be

then formally adopted by the Commission in accordance with the

appropriate procedure. Such committee procedure covers the entire

food supply chain, ranging from animal health issues on the farm to

t h e p r o d u c t w h i c h a r r i v e s t o t he f i n a l c o n s u m e r, t h e r e f o r e

significantly enhancing its ability to target risks to health wherever

they arise in the production of food;

"third country" means a country which is not a member of the

European Community;

"trade" means intra-Community trade between Member States in

animals and their products after being imported from a third

c o u n t r y, a b u s i n e s s o r o c c u p a t i o n t o m a k e p r o f i t o r g a i n ,

particularly in retail or wholesale sales and includes dealings in a

particular business activity;

" t h e Tr e a t y " m e a n s t h e Tr e a t y o n t h e E u r o p e a n U n i o n

establishing the European Community as amended by the Lisbon

Treaty of 2007;

"veterinary checks" means checks or import controls carried out

on poultry and hatching eggs, subject to their respective procedures

as follows

(i)

as regards checks carried out for intra-Community

trade, in terms of the procedure provided in rule 3(2)

of the Animal Health Requirements Governing Trade

and Imports into the Community of Animals, Semen,

Ova and Embryos not Subject to Animal Health

Requirements laid down in Specific Community Acts,

Rules; and

(ii) for import controls carried out via border inspection

posts on imports from third countries into the

Community, in terms of the Principles Governing the

Organisation of Veterinary Checks on Products

Entering the Territory of Malta from Third Countries

Regulations.

(1) These rules shall not apply to poultry for exhibitions,

show or contests.

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(2)

These rules shall in particular apply to

(a) poultry, being live animals, and hatching eggs, being

animal products, included in the list of products in

Annex I to the Treaty;

(b) the breeding and rearing of poultry included in the

farming sector which constitutes a source of income

for part of the farming population;

(c) the elimination of disparities as regards animal health

conditions in the Member States in order to encourage

intra-Community trade in poultry and hatching eggs,

thus contributing to the completion of the internal

market;

(d) the harmonious development of intra-Community

trade to govern import from third countries;

(e) animal health requirements so as to avoid the spread of

contagious diseases;

(f)

the organisation of and the follow-up to the checks to

be carried out by the Member State of destination and

the safeguard measures to be implemented in this

regard;

(g) all measures taken by the Member States required for

the purpose of safeguarding public and animal health

including slaughter and disposal of poultry and

hatching eggs on their arrival in the Community and

during transit to their place or Member State of

destination;

(h) the immediate prohibition on imports from a third

country when such imports may be dangerous for

human and animal health.

(3) The competent authority shall apply all such necessary

administrative measures conforming to the requirements of the

Stan ding Com m ittee of the F ood Chai n and Ani mal Health

according to the requirements of these rules, to ensure that there is

no breach of these rules and also to reduce the risk for final

consumers and any additional risk to animals and to the

environment.

(4) These measures shall include the direct confiscation of the

product, the suspension of the activities carried out by the

authorised provide r when these are creat in g a risk t o fi nal

consumers and to the environment, and the forfeiture of any

authorisation, licence or permit in terms of article 60 of the Act in

addition to the application of any other administrative penalty in

terms of article 61 of the Act.

(1) The competent authority shall designate a national

reference laboratory as referred to in Schedule I, to be responsible

for coordinating the diagnostic methods provided for in these rules

and their use by the approved laboratories located in Malta.

(2)

The competent authority shall make the details of its

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national reference laboratory, and any subsequent changes thereto

available to the other Member States and to the public. Detailed

rules for the uniform application of this rule may be adopted in

accordance with the procedure referred to in the definition

"Standing Committee on the Food Chain and Animal Health" as

provided under rule 2(2).

In order to be traded within the Community

(a) hatching eggs, day-old chicks, breeding poultry and

productive poultry shall satisfy the conditions laid

down in rules 6, 12, 15 and 17 and, respectively, those

laid down pursuant to rules 13 and 14 or those laid

down in rules 7, 8 and 9;

(b) slaughter poultry and, by way of derogation from

paragraph (a), poultry intended for restocking supplies

of game, until the implementation of animal health

conditions governing intra-Community trade and the

import from third countries of fresh poultry meat and

game birds for rearing, shall fulfill the conditions set

out in rules 10, 12, 15 and 17 and those laid down

pursuant to rules 13 and 14.

(1) Hatching eggs, day-old chicks, breeding poultry and

productive poultry shall come from

(a) establishments

which

fulfill

the

following

requirements

(i)

they shall be approved and given a

distinguishing number by the competent

authority, in accordance with the rules set out in

Chapter I of Schedule II;

(ii) they shall not, at the time of consignment, be the

subject of any animal health restrictions

applicable to poultry;

(iii) they shall not be located in an infected area; and

(b) a flock which, at the time of consignment, presents no

clinical sign or suspicion of disease.

(2) The competent autorithy shall draw up and keep up to date

a list of establishments approved in accordance with sub-rule

(1)(a)(i), and their distinguishing numbers, and shall make it

available to the other Member States and to the public. Detailed

rules for the uniform application of this article may be adopted in

accordance with the procedure referred to in the definition

"Standing Committee on the Food Chain and Animal Health" as

provided under rule 2(2).

(1) At the time of consignment, hatching eggs shall, if they

come from a Member State, meet the following requirements

(a) come from flocks which

(i)

have been held for more than six weeks in one or

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more Community establishments in accordance

with rule 6(1)(a)(i);

(ii) if there is a vaccination requirement, have been

vaccinated in accordance with the vaccination

conditions in Schedule III;

(iii) have undergone an animal health examination

carried out by an official veterinarian or an

authorised veterinarian during the 24 hours

preceding consignment and, at the time of the

examination, have shown no clinical sign or

suspicion of disease;

(b) be marked in accordance with Regulation (EEC) No

1868/77 establishing rules on the production and

marketing of eggs for hatching and of farmyard

poultry chicks; and

(c) have been desinfected in accordance with the

instructions of the official veterinarian.

(2) In case hatching eggs come from third countries, they shall

have been imported in accordance with the conditions set out in

these rules.

Day-old chicks shall

(a) have been hatched from hatching eggs satisfying the

requirements of rules 6(1) and 7;

(b) satisfy the vaccination conditions laid down in

Schedule III, provided there is a vaccination

requirement; and

(c) present, at the time of consignment, no suspicion of

diseases on the basis of point 2(g) and (h) of Section B

of Chapter II of Schedule II.

At the time of consignment, breeding poultry and

productive poultry shall

(a) have been held since hatching or for more than six

weeks in one or more Community establishments

pursuant to rule 6(1)(a)(i);

(b) satisfy the vaccination conditions laid down in

Schedule III, provided there is a vaccination

requirement; and

(c) have been submitted to a health examination by an

official or authorised veterinarian during the 24 hours

preceding consignment and, at the time of the

examination, have presented no clinical sign or

suspicion of disease.

At the time of the consignment, slaughter poultry shall

have come from a holding

(a) where they have been held since hatching or for more

than 21 days;

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(b) which is not the subject to any animal health

restrictions applicable to poultry;

(c) where the health examination carried out by the

official or authorised veterinarian during the 48 hours

preceding dispatch of the flock from which the

consignment to be slaughtered is to be drawn has not

revealed within that flock any clinical sign or

suspicion of disease; and

(d) which is not located in an area infected with avian

influenza or Newcastle disease.

The requirements set out in rules 5 to 10 and rule 15 shall

apply to poultry and hatching eggs which, at the time of

consignment, have come from flocks which

(a) have been held in the Community since hatching or for

at least three months;

(b) present no clinical signs of a contagious poultry

disease at the time of consignment;

(c) satisfy the vaccination conditions laid down in

Schedule III, provided there is a vaccination

requirement in this regard;

(d) are not the subject of any animal health restrictions

applicable to poultry;

(e) are not located in an area infected with avian influenza

or Newcastle disease; and

(f)

have been found negative in serological tests for

Salmonella pullorum et gallinarum antibodies, in

accordance with Chapter III of Schedule II

Provided that, such requirements shall not apply to intra-

Community trade in poultry and hatching eggs in respect of

consignments comprising fewer than 20 units.

(1) In the case of consignment of poultry and hatching

eggs from a Member State of collection or part thereof, which

vaccinate the poultry referred to in sub-rule (2) against Newcastle

disease, to Malta, being the Member State of destination, the status

of which has been established in accordance with sub-rule (2), the

following rules shall apply

(a) hatching eggs shall come from flocks which are

(i) not vaccinated; or

(ii) vaccinated using an inactivated vaccine; or

(iii) vaccinated using a live vaccine, provided that

vaccination has taken place at least 60 days

before the collection of the hatching eggs;

(b) day-old chicks shall come from

(i)

hatching eggs satisfying the conditions in

paragraph (a); and

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(ii) a hatchery where working practices ensure that

such eggs are incubated at completely separate

times and locations from eggs not satisfying the

conditions in paragraph (a);

(c) breeding and productive poultry shall

(i)

not have been vaccinated against Newcastle

disease; and

(ii) have been isolated for 14 days before

consignment, at either a holding or a quarantine

station under the supervision of the official

veterinarian. In this regard, no fowl at the

holding of origin or quarantine station, as

applicable, may have been vaccinated against

Newcastle disease during the 21 days preceding

consignment and no bird which is not due for

consignment may have entered the holding or

the quarantine station during that time; in

addition, no vaccinations may be carried out in

the quarantine stations; and

(iii) have undergone, during the 14 days preceding

consignment, representative serological testing

to detect Newcastle disease antibodies in

accordance with detailed rules adopted pursuant

to the procedure referred to in the definition

"Standing Committee on the Food Chain and

Animal Health" as provided under rule 2(2); and

(d) slaughter poultry shall come from flocks which

(i)

if not vaccinated against Newcastle disease,

satisfy the requirement in the third item of

paragraph (c); and

(ii) if vaccinated, have not been vaccinated with a

live vaccine during the 30 days preceding

consignment and have undergone, during the 14

days preceding consignment and on the basis of

a representative sample, a test to isolate the

Newcastle disease virus complying with detailed

rules adopted in accordance with the procedure

referred to in the definition "Standing

Committee on the Food Chain and Animal

Health" as provided under rule 2(2).

(2) The status of Malta, being the Member State of destination

as regards Newcastle disease, shall be established in accordance

w i t h t h e p r o c e d u r e r e f e r r e d t o i n t h e d e f i n i t i o n " St a n d i n g

Committee on the Food Chain and Animal Health" as provided

under rule 2(2), at the latest six months before the date on which

the competent authority shall conform to these rules. The elements

to be taken into consideration for determining this status shall be

the data referred to in rule 14(1) and, in particular, the following

criteria

(i)

no Newcastle disease shall have been detected in the

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poultry for at least the preceding 12 months;

(ii) vaccination against Newcastle disease in the poultry

referred to in sub-rule (1), shall not have been

authorised for at least the preceding 12 months;

(iii) all breeding flocks shall have been monitored at least

once a year for the presence of Newcastle disease; and

(iv) the holdings shall contain no poultry which have been

vaccinated against Newcastle disease.

Where the competent authority draws up or has drawn up a

voluntary or compulsory control programme for a disease to which

poultry are susceptible, it may present the programme to the

Commission, outlining in particular

(a) the distribution of the disease in Malta;

(b) the reasons for the programme, taking into

consideration the importance of the disease and the

programme’s likely benefit in relation to its cost;

(c) the geographical area in which the programme will be

implemented;

(d) the status categories to be applied to poultry

establishments, the standards which shall be attained

in each category, and the test procedures to be used;

(e) the programme monitoring procedures;

(f)

the action to be taken if, for any reason, an

establishment loses its status; and

(g) the measures to be taken if the results of the tests

carried out in accordance with the provisions of the

programme are positive.

(1) Where the competent authority considers that Malta is,

in whole or in part, free from one of the diseases to which poultry

are susceptible, it shall present to the Commission appropriate

supporting documentation, setting out in particular

(a) the nature of the disease and the history of its

occurrence in Malta;

(b) the results of surveillance testing based on serological,

microbiological or pathological investigations and on

the fact that the disease shall by law be notified to the

competent authorities;

(c) the period over which the surveillance was carried out;

(d) where applicable, the period during which vaccination

against the disease has been prohibited and the

geographical area concerned by the prohibition; and

(e) the arrangements for verifying that the area concerned

remains free from the disease.

(2) The competent authority shall notify the Commission of

any change in the particulars specified in sub-rule (1). The

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guarantees laid down in sub-rule (1) may, in the light of such

notification, be amended or withdrawn in accordance with the

procedure referred to in the definition "Standing Committee on the

Food Chain and Animal Health" as provided under rule 2(2).

(1) Day-old chicks and hatching eggs shall be transported

either in purpose-designed disposable boxes, or in boxes which

may be re-used provided they are disinfected beforehand. Such

boxes shall be cleaned and shall

(a) contain only day-old chicks or hatching eggs of the

same species, category and type of poultry coming

from the same establishment; and

(b) bear the following indications

(i)

the name of the Member State of collection or

consignment;

(ii) the species of poultry to which the eggs or

chicks belong;

(iii) the number of chicks or eggs;

(iv) the category and type of production for which

they are intended;

(v) the name or business name, address and approval

number of the production establishment;

(vi) the establishment of origin’s approval number,

as provided for in point (2) of Chapter I of

Schedule II; and

(vii)

the Member State of destination; and

(c) be closed in accordance with the instructions of the

competent authority of the Member State of collection

in such a way as to avoid any possibility of

substitution of the contents.

(2) Boxes holding day-old chicks or hatching eggs may be

grouped for transport in appropriate containers. The number of

boxes thus grouped and the indications referred to in sub-rule

(1)(b) shall be shown on such containers.

(3) Breeding and productive poultry shall be transported in

crates or cages

(a) which contain only poultry of the same species,

categories and type, coming from the same

establishment;

(b) bearing the approval number of the establishment of

origin situated in the Member State of collection as

provided for in point (2) of Chapter I of Schedule II;

and

(c) which are closed in accordance with the instructions of

the competent authority of the Member State of

collection in such a way as to avoid any possibility of

substitution of the contents.

(4)

Breeding and productive poultry and day-old chicks shall

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be conveyed without delay to the establishment of destination in

Malta, without coming into contact with other live birds, except

breeding and productive poultry or day-old chicks satisfying the

conditions laid down in these rules.

(5) Slaughter poultry shall be conveyed without delay to the

slaughterhouse of destination in Malta, without coming into contact

w i t h o t h e r p o u l t r y, e xc e p t s l a u g ht e r p o ul t r y s a t i s f y i n g t h e

conditions laid down in these rules.

(6) Crates, cages and vehicles shall be designed in such a

manner so as to

(a) preclude the loss of excrement and minimize the loss

of feathers during transit;

(b) allow visual inspection of the poultry; and

(c) allow cleansing and disinfection.

(7) The vehicles and, if they are not disposable, the containers,

crates and cages shall, before loading and unloading, be cleansed

and disinfected in accordance with the instructions of the

competent authority of the Member State of collection and shall

comply with the requirements pursuant to the Animals Transport

(Protection) Regulations.

Poultry as referred to in rule 15(4) shall not, unless

otherwise provided in exceptional circumstances, be transported

through areas infected with avian influenza or Newcastle disease,

unless through trunk roads.

In trade between Member States, poultry and hatching eggs

s h a ll , d u r i ng t r a n s p o r t a t i on t o th e p l a c e o f d e s t i n a t i o n, b e

accompanied by a health certificate which

(a) conforms with the appropriate model in Schedule IV;

(b) is signed by an official veterinarian;

(c) is drawn up on the date of loading in the language or

languages of the Member State of dispatch and in the

official language or languages of the Member State of

destination;

(d) is valid for five days;

(e) consists of a single sheet;

(f)

is normally made out for a single consignee; and

(g) bears a stamp of a colour different from that of the

certificate.

The competent authority may, in compliance with the

general provisions of the Treaty, grant one or more Member States

of collection or dispatch general authorisations or authorisations

limited to specific cases, permitting entry in Malta of poultry and

hatching eggs without the certificate provided for in rule 17.

Poultry and hatching eggs imported into the Community

shall satisfy the conditions laid down in rules 20 to 23.

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(1) Poultry and hatching eggs shall have originated in a

third country or part thereof included on a list drawn up by the

Commission which may be supplemented or amended in

accordance with the procedure referred to in the definition

"Standing Committee on the Food Chain and Animal Health" as

provided under rule 2(2).

(2) In deciding whether a third country or part thereof may be

included on the list referred to in sub-rule (1), particular account

shall be taken of

(a) the state of health of the poultry, other domestic

animals and wildlife in the third country, particular

attention being paid to exotic animal diseases, and the

health situation in the surrounding area, where either is

liable to endanger public and animal health in the

Member States;

(b) the regularity and rapidity of the supply of information

by the third country relating to the existence of

contagious animal diseases in its territory, in particular

the diseases on lists A and B of the International

Office of Epizootics;

(c) the country’s rules on animal-disease prevention and

control;

(d) the structure of the veterinary services in the country

and their powers;

(e) the organization and implementation of measures to

prevent and control contagious animal diseases;

(f)

the guarantees which the third country can give with

regard to compliance with these rules; and

(g) compliance with Community rules on hormones and

residues.

(1) Poultry and hatching eggs shall come from countries

free from avian influenza and Newcastle disease.

(2) The general criteria for classifying the third country from

the point of view of the diseases shall be adopted in accordance

w i t h t h e p r o c e d u r e r e f e r r e d t o i n t h e d e f i n i t i o n " St a n d i n g

Committee on the Food Chain and Animal Health" as provided

under rule 2(2).

(1) Poultry and hatching eggs may be imported from a

third country, or part thereof included on the list drawn up in

accordance with rule 20(1) only if they come from flocks which

(a) prior to consignment have been held without

interruption in such country or part thereof, for a

period to be determined in accordance with the

procedure referred to in the definition "Standing

Committee on the Food Chain and Animal Health" as

provided under rule 2(2); and

(b) satisfy the animal health conditions adopted in

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accordance with the procedure referred to in the

definition "Standing Committee on the Food Chain and

Animal Health" as provided under rule 2(2) for

imports of poultry and hatching eggs from the country

in question. The conditions may differ according to the

species or category of poultry.

(2) The animal health conditions shall be determined on the

basis of these rules. In accordance with the procedure referred to in

the definition "Standing Committee on the Food Chain and Animal

Health" as provided under rule 2(2), derogations may be granted on

a case-by-case basis if the third country concerned offers similar

animal health guarantees which are at least equivalent to the

conditions mentioned in sub-rule (1).

(1) Poultry and hatching eggs shall be accompanied by a

certificate drawn up and signed by an official veterinarian of the

exporting third country.

The certificate shall

(a) be issued on the day of loading for consignment to the

Member State of destination;

(b) be drawn up in the official language or languages of

the Member State of destination;

(c) accompany the consignment in the original;

(d) attest to the fact that the poultry or hatching eggs

satisfy the requirements of these rules and those

adopted pursuant to these rules with regard to

importation from third countries;

(e) be valid for five days;

(f)

consist of a single sheet;

(g) be made out for a single consignee; and

(h) bear a stamp of a colour different from that of the

certificate.

(2) The certificate referred to in sub-rule (1) shall comply with

a model drawn up in accordance with the procedure referred to in

the definition "Standing Committee on the Food Chain and Animal

Health" as provided under rule 2(2).

(1) On-the-spot inspections shall be carried out by

veterinary experts of the Member States, being either the Member

State of origin or collection or the Member State of destination, to

be designated by the Commission on request by the Member States,

whereby it shall ensure that all the provisions of these rules are

effectively applied.

(2) The costs for the inspections carried out shall be incurred

on behalf of the Community. The frequency of the inspections and

the inspection procedure shall be determined in accordance with

the procedure referred to in the definition "Standing Committee on

the Food Chain and Animal Health" as provided under rule 2(2).

OF POULTRY AND HATCHING EGGS)

(1) Without prejudice to rule 28, the rules and general

principles applicable to inspections carried out in third countries in

the case of external transit or to inspections of imported poultry

from third countries carried out via border inspection posts or

external frontiers, shall continue to apply.

(2) Poultry and hatching eggs may not be imported into the

Community if

(a) the consignment does not come from the third country

or part thereof on the list drawn up pursuant to rule

20(1);

(b) the consignment is, or is suspected of being infected

with, or contaminated by a contagious disease;

(c) the conditions laid down in these rules have not been

complied with by the exporting third country;

(d) the certificate accompanying the consignment does not

comply with the conditions set out in rule 23; and

(e) examination reveals that Community rules on

hormones and residues have not been complied with.

(3) Without prejudice to any special conditions which may be

adopted by the Commission to apply animal health restrictions as

required after importation, for reasons of animal health, or where

permission has not been granted to send back poultry, the entry of

which has been refused pursuant sub-rule (1), the competent

authority may designate the slaughterhouse which shall accept such

poultry.

On arrival in Malta, being the Member State of destination,

slaughter poultry shall be taken directly to a slaughterhouse for

slaughter as soon as possible. Without prejudice to any special

conditions which may be adopted in accordance with the procedure

referred to in the definition "Standing Committee on the Food

Chain and Animal Health" as provided under rule 2(2), the

competent authority may, on animal-health grounds, designate the

slaughterhouse to which the poultry shall be conveyed.

(1) For the purposes of intra-Community trade, the

s a f e g u a r d m e a s u r e s p r o v i d e d f o r i n t h e Ve t e r i n a r y C h e c k s

applicable in Intra-Community Trade with Member States in

Animal Products Regulations shall apply.

(2) For the purposes of imports from third countries, the

following safeguard measures shall apply

(a) without prejudice to rule 21, if a contagious poultry

disease likely to endanger the health of poultry in

Malta appears in or extends to a third country or if any

other animal-health reason justifies it, the competent

authority shall prohibit imports of animals of the

species covered by these rules coming directly from

the third country as a whole or from any part thereof or

indirectly through another Member State;

OF POULTRY AND HATCHING EGGS)

(b) the measures taken by the competent authority on the

basis of this rule, together with their repeal, shall be

communicated without delay to the other Member

State and the Commission and the reasons therefor

shall be indicated. The resumption of imports from the

third country concerned shall be authorised under the

procedure referred to in the definition "Standing

Committee on the Food Chain and Animal Health" as

provided under rule 2(2).

The veterinary control rules provided for by the Veterinary

and Zootechnical Checks applicable in Trade with Member States

in certain Live Animals and Products Regulations, providing for

veterinary checks which are no longer carried out at frontiers in

trade between Member States, but which shall apply in particular,

to checks in the Member State of origin or collection and checks

carried out on arrival by the Member State of destination, shall

apply to intra-Community trade in poultry and hatching eggs.

Amendments to the Schedules, particularly in order to

adapt them to changes in diagnostic methods and to variations in

the economic importance of particular diseases, shall be decided by

the Commission in accordance with the procedure referred to in the

definition "Standing Committee on the Food Chain and Animal

Health" as provided under rule 2(2).

(1) Any person who fails to abide by these rules shall be

guilty of an offence in terms of the Act and the provisions and

measures of rule 3(3) and (4) shall apply to it.

(2) Any right given to the competent authority under these

rules to apply all such necessary measures prescribed in rule 3(3)

and (4), shall be given to the competent authority without prejudice

to other criminal proceedings which may be taken under the Act or

any other law when a person commits an offence by failing to abide

by these rules.

OF POULTRY AND HATCHING EGGS)

Schedule I

NATIONAL REFERENCE LABORATORIES

The national reference laboratories for avian diseases designated in accordance

with rule 4 of these rules shall be responsible in each Member State for coordinating

the diagnostic methods provided for in these rules. To this end

(a) they may supply approved laboratories with the reagents needed for

diagnostic testing;

(b) they shall monitor the quality of reagents used by the laboratories

approved for the purpose of carrying out the diagnostic tests provided

for in these rules;

(c) they shall organise periodic comparative tests.

Schedule II

APPROVAL OF ESTABLISHMENTS

CHAPTER I - General rules

1. In order to be approved by the competent authority for the purposes of intra-

Community trade, establishments shall

(a) satisfy the conditions as regards facilities and operation set out in

Chapter II hereof;

(b) apply and adhere to a disease surveillance programme approved by the

competent authority, taking into account the requirements of Chapter III

hereof;

(c) provide every facility for the carrying out of the operations listed in

paragraph (d) hereof;

(d) be subject to the supervision of the Competent Authority within the

context of an organized form of animal health monitoring. Such

monitoring shall include in particular

(i)

at least one inspection visit per year by the official veterinarian,

supplemented by checks to verify the application of hygiene

measures and the operation of the establishment in accordance

with the conditions in Chapter II hereof;

(ii) the recording by the farmer of all the information necessary for

the continuous monitoring of the health status of the

establishment by the competent authority;

(e) contain only poultry as defined in rule 2(2).

2. The competent authority will give each establishment which complies with

the conditions laid down in point 1 hereof a distinguishing approval number, which

may be the same as that given pursuant to Regulation (EEC) No 2782/75 on the

production and marketing of eggs for hatching and of farmyard poultry chicks.

CHAPTER II - Facilities and operation

Pedigree breeding, breeding and rearing establishments

1. Facilities

OF POULTRY AND HATCHING EGGS)

(a) The site and layout of the facilities shall be compatible with the type of

production pursued, ensuring that the introduction of disease can be

prevented or, if an outbreak occurs, that it can be controlled. If an

establishment houses several species of poultry, there shall be a clear

separation between them.

(b) The facilities shall provide good conditions of hygiene and allow health

monitoring to be carried out.

(c) The equipment shall be compatible with the type of production pursued,

and allow cleansing and disinfection of the facilities and of vehicles for

transporting poultry and eggs at the most suitable spot.

2. Rearing

(a) Rearing techniques shall be based as far as possible on the 'protected

rearing' principle and on the 'all-in-all-out' principle. Cleansing,

disinfection and depopulation shall be carried out between batches.

(b) Pedigree-breeding, breeding and rearing establishments shall house

only poultry

(i) from the establishment itself; and, or

(ii) from other pedigree-breeding, breeding or rearing establishments

in the Community approved in accordance with rule 6(1)(a); and,

or

(iii) imported from third countries in accordance with these rules.

(c) Hygiene rules shall be drawn up by the management of the

establishment; personnel shall wear appropriate working clothing and

visitors protective clothing.

(d) Buildings, pens and equipment shall be kept in good repair.

(e) Eggs shall be collected several times a day, and shall be clean and be

disinfected as soon as possible.

(f)

The farmer shall notify the authorised veterinarian of any variation in

production performance or any other sign suggesting the presence of a

contagious poultry disease. As soon as a disease is suspected, the

authorised veterinarian shall send the samples needed for making or

confirming the diagnosis to an approved laboratory.

(g) A flock history, register or data medium shall be kept for each flock for

at least two years after the disposal of the flock and shall show

(i)

arrivals and departures;

(ii)

production performance;

(iii)

morbidity and mortality with causes;

(iv)

any laboratory tests and the results thereof;

(v)

the place of origin of the poultry;

(vi)

the destination of eggs.

(h) Where a contagious poultry disease occurs, the results of laboratory

tests shall be communicated immediately to the authorised veterinarian.

Hatcheries

1. Facilities

(a) A hatchery shall be physically and operationally separate from rearing

OF POULTRY AND HATCHING EGGS)

facilities. The layout shall be such as to allow the various functional

units listed below to be kept separate

(i)

egg storage and grading;

(ii)

disinfection;

(iii)

pre-incubation;

(iv)

hatching;

(v)

preparation and packaging of goods for dispatch.

(b) Buildings shall be protected against birds coming from outside and

rodents; floors and walls shall be of hard-wearing, impervious and

washable materials; natural or artificial lighting and air flow and

temperature systems shall be of an appropriate type; provision shall be

made for the hygienic evacuation of waste (eggs and chicks).

(c) Equipment shall have smooth and waterproof surfaces.

2. Operation

(a) Operation shall be based on a one-way circuit for eggs, mobile

equipment and personnel.

(b) Hatching eggs shall be

(i)

from Community pedigree breeding or breeding establishments

approved in accordance with rule 6(1)(a);

(ii) imported from third countries in accordance with these rules.

(c) Hygiene rules shall be drawn up by the management of the

establishment; personnel shall wear appropriate working clothing and

visitors protective clothing.

(d) Buildings and equipment shall be kept in good repair.

(e) The following shall be disinfected

(i) eggs, between the time of their arrival and the incubation process;

(ii) the incubators, regularly;

(iii) hatchers and equipment, after the hatching of each batch.

(f)

A programme of microbiological quality control shall be used to assess

the health status of the hatchery.

(g) The farmer shall notify the authorised veterinarian of any variation in

production performance or any other sign suggesting the presence of a

contagious poultry disease. As soon as a contagious disease is

suspected, the authorised veterinarian shall send the samples needed for

making or confirming the diagnosis to an approved laboratory, and

inform the competent authority which will decide on appropriate

measures to be taken.

(h) A flock history, register or data medium for the hatchery shall be kept

for at least two years showing, if possible by flock

(i)

the origin of the eggs and their arrival date;

(ii)

hatching yields;

(iii)

any abnormalities;

(iv)

any laboratory tests and the results thereof;

(v)

details of any vaccination programmes;

(vi)

the number and the destination of incubated eggs which have not

OF POULTRY AND HATCHING EGGS)

hatched;

(vii)

the destination of day-old chicks.

(i)

Where a contagious poultry disease occurs, the results of laboratory

tests shall be communicated immediately to the authorised veterinarian.

CHAPTER III - Disease surveillance programme

Without prejudice to health measures and to rules 13 and 14, disease surveillance

programmes shall, as a minimum, comprise surveillance of the infections and

species listed below.

Salmonella pullorum, salmonella gallinarum and salmonella arizonae

1. Species concerned

(a) S. pullorum et gallinarum: fowls, turkeys, guinea fowls, quails,

pheasants, partridges and ducks.

(b) S. arizonae: turkeys.

2. Disease surveillance programme

(a) Serological and, or bacteriological tests shall be used to determine

whether an infection is present.

(b) Samples for testing shall be taken, as appropriate, from blood, second-

grade chicks, down or dust taken from hatchers, swabs taken from the

walls of the hatchery, litter or water from a drinker.

(c) When blood samples are taken from a flock for serological testing for S.

pullorum or S. arizonae, prevalence of infection in the country

concerned and its past incidence in the establishment shall be taken in

consideration for determining the number of samples to be taken. Flocks

shall be inspected during each laying period at the best time for

detecting the disease.

Mycoplasma gallisepticum and Mycoplasma meleagridis infections

1. Species concerned

(a) Mycoplasma gallisepticum: fowls and turkeys.

(b) Mycoplasma meleagridis: turkeys.

2. Disease surveillance programme

(a) Presence of infection shall be tested by serological and, or

bacteriological testing and, or by the presence of air sacculitis lesions in

day-old chicks and turkey poults.

(b) Samples for testing shall be taken, as appropriate, from blood, day-old

chicks and turkey poults, sperm, or swabs taken from the trachea, the

cloaca or air sacs.

(c) Tests for detecting M. gallisepticum or M. meleagridis shall be

performed on a representative sample in order to allow continous

surveillance of the infection during rearing and laying, that is just

before the start of laying and every three months thereafter.

Results and measures to be taken

If there are no reactors, the test is deemed negative. Otherwise, the flock is

OF POULTRY AND HATCHING EGGS)

suspect and the measures specified in Chapter IV hereof shall be applied to it.

In the case of holdings which consist of two or more separate production

units, the competent authority may derogate from these measures as regards healthy

production units on a holding which is infected provided that the official or

authorised veterinarian has confirmed that the structure and size of these production

units and the operations carried out there are such that the production units provide

completely separate facilities for housing, keeping and feeding, so that the disease in

question cannot spread from one production unit to another.

CHAPTER IV - Criteria for suspending or withdrawing approval of an establishment

1. Approval granted to an establishment shall be suspended

(a) when the conditions laid down in Chapter II hereof are no longer met;

(b) until an investigation appropriate to the disease has been completed

(i)

if avian influenza or Newcastle disease are suspected at the

establishment;

(ii) if the establishment has received poultry or hatching eggs from an

establishment with suspected or actual infection by avian

influenza or Newcastle disease;

(iii) if contact liable to transmit the infection has occurred between the

establishment and the site of an outbreak of avian influenza or

Newcastle disease;

(c) until such time as new tests are performed, if the results of surveillance

carried out in accordance with the conditions laid down in Chapters II

and III hereof or infection by S. pullorum, S. gallinarum, S. arizonae,

M. gallisepticum or M. meleagridis give cause to suspect infection;

(d) until completion of the appropriate measures required by the official

veterinarian, if the establishment is found not to conform with the

requirements of Chapter I, point 1, paragraphs (a), (b), and (c) hereof.

2. Approval shall be withdrawn

(a) if avian influenza or Newcastle disease occurs at the establishment;

(b) if a second test of an appropriate type confirms the presence of infection

by S. pullorum, S. gallinarum, S. arizonae, M. gallisepticum or M.

meleagridis;

(c) if, after a second notice served by the official veterinarian, action to

bring the establishment in line with the requirements of Chapter I, point

1, paragraphs (a), (b) and (c) hereof, has not been taken.

3. Conditions for restoring approval

(a) if approval has been withdrawn because of an occurrence of avian

influenza or Newcastle disease, it may be restored 21 days after

cleansing and disinfection if sanitary slaughter has been carried out;

(b) if approval has been withdrawn because of infection caused by

(i)

Salmonella pullorum et gallinarum, or Salmonella arizonae, it

may be restored after negative results have been recorded in two

tests performed with an interval of at least 21 days on the

establishment and after disinfection following sanitary slaughter

of the infected flock;

(ii) Mycoplasma gallisepticum or Mycoplasma meleagridis, it may be

OF POULTRY AND HATCHING EGGS)

restored after negative results have been recorded in two tests

performed on the entire flock with an interval of at least 60 days.

Schedule III

POULTRY VACCINATION CONDITIONS

Vaccines used for vaccinating poultry or flocks producing hatching eggs shall

(i)

conform to the requirements of the European Pharmacopoeia; and

(ii)

be produced, tested and distributed under official supervision.

The criteria for using vaccines against Newcastle disease in the context of routine-

vaccination programmes may be determined by the Commission.

Schedule IV

HEALTH CERTIFICATES FOR INTRA-COMMUNITY TRADE

MODEL 1 EUROPEAN COMMUNITY HATCHING EGGS

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i)

initial

(ii) final

NOTES

(a)

A separate certificate shall be provided for each consignment of hatching

eggs.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No. ORIGINAL

4. Competent Authority

5. Address of establishment where hatching eggs were collected

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment

10. Poultry species

11. For the production of

OF POULTRY AND HATCHING EGGS)

12. Consignment identification details

(a)

Number of hatching eggs

(b)

Date of collection

(c)

Identification details of parent flock

(d)

Brand name

13. I, the undersigned official veterinarian, certify that

(a) the hatching eggs described above comply with the provisions of rules

6, 7 and 15 of the Animal Health Conditions Governing Intra-

Community Trade, and Imports from Third Countries of Poultry and

Hatching Eggs, Rules;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal

Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules.

Signature

Name in block capitals

Position held

MODEL 2 EUROPEAN COMMUNITY DAY-OLD CHICKS

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of day-old

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. Competent Authority

5. Address of establishment where hatched

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

OF POULTRY AND HATCHING EGGS)

9. Approval number of the establishment

10. Poultry species

11. For the production of

12. Consignment identification details

(a)

Number of chicks

(b)

Date hatched

(c)

Identification details of establishment of origin

(d)

Category/type

13. I, the undersigned official veterinarian, certify that

(a) the day-old chicks described above comply with the provisions of rules

6, 8 and 15 of the Animal Health Conditions Governing Intra-

Community Trade, and Imports from Third Countries of Poultry and

Hatching Eggs, Rules;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal

Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules.

Signature

Name in block capitals

Position held

MODEL 3 EUROPEAN COMMUNITY BREEDING

AND PRODUCTIVE POULTRY

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a)

A separate certificate shall be provided for each consignment of poultry.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. Competent Authority

5. Address of establishment of origin

6. Place of loading

OF POULTRY AND HATCHING EGGS)

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment

10. Poultry species

11. For the production of

12. Consignment identification details

(a)

Head of poultry

(b)

Identification details of flock of origin

(c)

Category/type

13. I, the undersigned official veterinarian, certify that

(a) the poultry described above comply with the provisions of rules 6, 9 and

15 of the Animal Health Conditions Governing Intra-Community Trade,

and Imports from Third Countries of Poultry and Hatching Eggs, Rules;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal

Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules.

Signature

Name in block capitals

Position held

MODEL 4 EUROPEAN COMMUNITY POULTRY AND EGGS

FOR HATCHING IN LOTS OF UNDER 20

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of poultry or

hatching eggs.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. Competent Authority

OF POULTRY AND HATCHING EGGS)

5. Address of establishment or holding of origin

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Apporval number of the establishment (where applicable)

10. Poultry species

11. For the production of

12. Consignment identification details

(a)

Head of poultry or no of hatching eggs

(b)

Identification details of flocks of origin

(c)

Category/type

13. I, the undersigned official veterinarian, certify that

(a) the poultry or hatching eggs described above comply with the

provisions of rule 11 of the Animal Health Conditions Governing Intra-

Community Trade, and Imports from Third Countries of Poultry and

Hatching Eggs, Rules;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal

Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules.

Signature

Name in block capitals

Position held

MODEL 5 EUROPEAN COMMUNITY SLAUGHTER POULTRY

1. Consignor (name and address in full)

2. Member State of origin

3. Consignor (name and address in full)

(i) initial

(ii) final

NOTES

(a)

A separate certificate shall be provided for each consignment of poultry.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

OF POULTRY AND HATCHING EGGS)

No ORIGINAL

4. Competent Authority

5. Address of establishment or holding of origin

6. Place of loading

7. Means of transport

8. Slaughterhouse and Member State of destination

Place of final destination

9. Approval number of the establishment (where applicable)

10. Poultry species

11. For the production of

12. Consignment identification details

(a)

Head of poultry

(b)

Approximate age of birds

13. I, the undersigned official veterinarian, certify that

(a) the poultry described above comply with the provisions of rule 10 of the

Animal Health Conditions Governing Intra-Community Trade, and

Imports from Third Countries of Poultry and Hatching Eggs, Rules;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal

Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules.

Signature

Name in block capitals

Position held

MODEL 6 EUROPEAN COMMUNITY POULTRY

FOR RE-STOCKING SUPPLIES OF GAME

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i)

initial

(ii) final

NOTES

(a)

A separate certificate shall be provided for each consignment of poultry.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

OF POULTRY AND HATCHING EGGS)

No ORIGINAL

4. Competent Authority

5. Address of establishment or holding of origin

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment (where appropriate)

10. Poultry species

11. For the production of

12. Consignment identification details

(a)

Head of poultry

(b)

Identification details of flocks of origin

(c)

Approximate age of birds

13. I, the under signed official veterinarian, certify that

(a) the poultry described above comply with the provisions of rules 6, 9 and

15 of the Animal Health Conditions Governing Intra-Community Trade,

and Imports from Third Countries of Poultry and Hatching Eggs, Rules;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal

Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules.

Signature

Name in block capitals

Position held

Schedule V

COMPULSORILY NOTIFIABLE DISEASES

Avian influenza

Newcastle disease