HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
14.5.2013 Official
Journal
of
the
European
Union L
129/25
COMMISSION IMPLEMENTING REGULATION (EU) No 437/2013
of 8 May 2013
amending Regulation (EC) No 798/2008 as regards the entry for Mexico in the list of third
countries, territories, zones or compartments from which certain commodities may be imported
into or transit through the Union
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5) In
2012
several
outbreaks
of
HPAI
of
the
subtype
H7N3
were confirmed in the State of Jalisco in Mexico, in an
area with a high density of poultry holdings. Mexico
Having regard to the Treaty on the Functioning of the European
applied a stamping-out policy and carried out
Union,
emergency vaccination against avian influenza to
control the outbreaks.
Having regard to Council Directive 2002/99/EC of 16 December
2002 laying down the animal health rules governing the
production, processing, distribution and introduction of
(6) The
latest
HPAI
outbreak
of
that
epidemic
was
confirmed
at the end of September 2012 and Mexico declared the
products of animal origin for human consumption ( 1 ) and in
outbreaks as eradicated in December 2012.
particular the introductory phrase of Article 8, the first

subparagraph of point 1 of Article 8 and point 4 of Article 8
thereof,
(7) On
8
January
2013,
Mexico
notified
the
Commission
of
two HPAI outbreaks of the H7N3 subtype in poultry on
its territory in the State of Aguascalientes. The disease
Whereas:
has also spread to the States of Jalisco and Guanajuato.
(1) Commission
Regulation
(EC)
No
798/2008
of
8
August (8) In view of the confirmation of the HPAI outbreaks, the
2008 laying down a list of third countries, territories,
territory of Mexico may no longer be considered as free
zones or compartments from which poultry and
from that disease.
poultry products may be imported into and transit
through the Community and the veterinary certification
requirements ( 2 ) provides that the commodities covered
(9) The
recurrence
of
HPAI
outbreaks
raises
concerns
as
to
by it are only to be imported into and transited through
the effectiveness of the measures including vaccination
the Union from the third countries, territories, zones or
applied in Mexico to control HPAI.
compartments listed in columns 1 and 3 of the table in
Part 1 of Annex I thereto.
(10) Imports
of
egg
products
processed
in
accordance
with
one of the treatments set out in the relevant certificate
(2) Regulation
(EC)
No
798/2008
also
lays
down
the
referred to in column 4 of the table in Part 1 of Annex I
conditions for a third country, territory, zone or
to Regulation (EC) No 798/2008, originating in third
compartment to be considered as free from highly
countries, territories, zones or compartments that are
pathogenic avian influenza (HPAI) and the requirements
not free from HPAI, are considered to pose a negligible
for the veterinary certification in that respect for
risk for virus introduction into the Union.
commodities destined for importation into the Union.
(11) However,
given
the
rapid
spread
of
the
disease
HPAI
and
(3)
Mexico is listed in the table in Part 1 of Annex I to
the risk that the HPAI outbreaks may not be detected in
Regulation (EC) No 798/2008 as a third country from
time by the Mexican competent authority, imports into
which specified pathogen-free eggs and egg products may
or transit through the Union of egg products from
be imported into the Union, provided that they are
Mexico should be temporarily prohibited until satis
accompanied by the relevant certificate referred to in
factory guarantees can be provided by that country.
column 4 of the table in Part 1 of Annex I thereto.
(12) Regulation (EC) No 798/2008 should therefore be
(4)
In the case of egg products, the certificate referred to in
amended accordingly.
column 4 of the table in Part 1 of Annex I to Regulation
(EC) No 798/2008 includes an animal health attestation
(13) The
measures
provided
for
in
this
Regulation
are
in
that they come from an establishment which is free from
accordance with the opinion of the Standing
HPAI. In addition, that attestation certifies either that
Committee on the Food Chain and Animal Health,
there has been no outbreak of HPAI for at least the
previous 30 days within a 10 km radius of that estab
lishment or that the egg products were processed in
HAS ADOPTED THIS REGULATION:
accordance with one of the treatments set out in that
certificate.
Article 1
( 1 ) OJ L 18, 23.1.2003, p. 11.
Annex I to Regulation (EC) No 798/2008 is amended in
( 2 ) OJ L 226, 23.8.2008, p. 1.
accordance with the Annex to this Regulation.

---

L 129/26
EN
Official Journal of the European Union
14.5.2013
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal
of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 May 2013.
For the Commission
The President
José Manuel BARROSO

---

14.5.2013 Off
ANNEX
In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Mexico is replaced by the following:
SPF
‘MX-Mexico MX-0 Whole
country
EN

EP P2 17
May
2013’
icial
Jour
nal
of
the
European
Union
L
129/27

---

Document Outline

• �

---