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20.2.2013 Official
Journal
of
the
European
Union
L
47/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 139/2013
of 7 January 2013
laying down animal health conditions for imports of certain birds into the Union and the
quarantine conditions thereof
(codification)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
banning amongst other commodities the import of birds,
other than poultry, from affected third countries.
Having regard to the Treaty on the Functioning of the European
Union,
(3) In
order
to
draw
up
an
inventory
of
the
risks
posed
by
the import of captive birds, the Commission on 13 April
Having regard to Council Directive 91/496/EEC of 15 July
2005 requested the European Food Safety Authority
1991 laying down the principles governing the organisation
(EFSA) to provide a scientific opinion on the risks
of veterinary checks on animals entering the Community
posed by imports of birds caught in the wild and
from third countries and amending Directives 89/662/EEC,
captive bred birds from third countries.
90/425/EEC and 90/675/EEC ( 1 ), and in particular the second
subparagraph of Article 10(3) and point (b) of second
subparagraph of Article 10(4) thereof,
(4) Following
that
request,
the
EFSA
Panel
on
animal
health
and welfare adopted, during their meeting of 26 and
Having regard to Council Directive 92/65/EEC of 13 July 1992
27 October 2006, a Scientific Opinion on the Animal
laying down animal health requirements governing trade in and
Health and Welfare risks associated with the import of
imports into the Community of animals, semen, ova and
wild birds, other than poultry, into the Union. That
embryos not subject to animal health requirements laid down
Scientific Opinion identifies possible tools and options
in specific Community rules referred to in Annex A(I) to
which can reduce any identified animal health risk
Directive 90/425/EEC ( 2 ), and in particular Article 17(2)(b)
related to imports of birds other than poultry.
and Article 17(3) and the first and fourth indents of
Article 18(1) thereof,
(5) One of the recommendations of the EFSA Scientific
Whereas:
Opinion relates to controls carried out in the third
countries exporting birds, other than poultry, to the
Union. Improvements at the point of export should
(1) Commission
Regulation
(EC)
No
318/2007
of
23
March
have most impact in reducing the probability that
2007 laying down animal health conditions for imports
infected birds are presented for entry into the Union.
of certain birds into the Community and the quarantine
For that reason, import conditions should be laid down
conditions thereof ( 3 ) has been substantially amended
in this Regulation in such a way that only imports from
several times ( 4 ). In the interests of clarity and rationality
third countries authorised for imports into the Union of
the said Regulation should be codified.
such birds are allowed.
(2) Following
the
outbreaks
of
highly
pathogenic
avian
influenza of the Asian lineage in South-East Asia in
(6) Another
EFSA
recommendation
relates
to
imports
of
2004, the Commission adopted several Decisions
birds caught in the wild. The Scientific Opinion identifies
the risk caused by those birds that may be infected due
to lateral spread from other infected wild birds and from
( 1 ) OJ L 268, 24.9.1991, p. 56.
the contaminated environment, as well as overspill from
( 2 ) OJ L 268, 14.9.1992, p. 54.
( 3 ) OJ L 84, 24.3.2007, p. 7.
infected poultry. Taking into account the role played by
( 4 ) See Annex VI.
wild migratory birds in the spread of avian influenza

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Official Journal of the European Union
20.2.2013
from Asia to Europe in 2005 and 2006, it is appropriate
(13) Certain
imports
of
birds
are
covered
by
other
Union
to limit imports of birds, other than poultry, only to
legislation. Therefore, they should be excluded from the
birds bred in captivity.
scope of this Regulation.
(14) The
animal
health
risk
posed
by
racing
pigeons
that
are
(7) It
is
seldom
possible
to
distinguish
with
certainty
brought into the Union to be released again so that they
between birds that have been caught in the wild and
may fly back to their origin is such that they should be
captive bred birds. Methods of marking can be applied
excluded from the scope of this Regulation.
to both types of birds without it being possible to
distinguish between them. It is therefore appropriate to
limit imports of birds, other than poultry, to breeding
(15) In
addition,
certain
third
countries
have
animal
health
establishments that are approved by the competent
conditions that are equivalent to those provided for in
authority of the third country of export, and to lay
Union legislation. Therefore, imports of birds from those
down certain minimum conditions for such approval.
countries should be excluded from the scope of this
Regulation.
(16) Certain
derogations
should
also
be
considered
for
those
(8) The
imported
birds
should
be
transported
directly
to
an
approved quarantine facility or centre in a Member State,
birds found to be infected with low pathogenic avian
where they should remain until infection with avian
influenza and Newcastle disease in an approved quar
influenza or Newcastle disease virus is ruled out.
antine facility or centre, in those cases where the

occurrence of disease does not pose a risk to the
animal health status of the Union.
(9) In
case
avian
influenza
or
Newcastle
disease
is
suspected (17) The measures provided for in this Regulation are in
in an approved quarantine facility or in a unit of an
accordance with the opinion of the Standing
approved quarantine centre, it is appropriate to wait
Committee on the Food Chain and Animal Health,
until the suspicion is confirmed to rule out any other
cause of disease symptoms before commencing to kill
and destroy the birds in the affected premises.
HAS ADOPTED THIS REGULATION:
Article 1
(10) Council
Directive
2005/94/EC
of
20
December
2005
on
Community measures for the control of avian influenza
Subject matter
and repealing Directive 92/40/EEC ( 1 ) was adopted to
This Regulation lays down the animal health conditions for
take account of the experience gained in the control of
imports of certain birds into the Union, from the third
avian influenza. Based on that Directive, Commission
countries and parts thereof referred to in Annex I, and the
Decision 2006/437/EC of 4 August 2006 approving a
quarantine conditions for such imports.
Diagnostic Manual for avian influenza as provided for in
Council Directive 2005/94/EC ( 2 ) (the diagnostic manual)
was adopted laying down at Union level diagnostic
Article 2
procedures, sampling methods and criteria for the
evaluation of the results of laboratory tests for the confir
Scope
mation of an outbreak of avian influenza. Account
This Regulation shall apply to animals of the avian species.
should be taken of that Decision as regards the testing
regimes for avian influenza in approved quarantine
facilities and centres.
However, it shall not apply to:
(a) poultry;
(11) It
is
appropriate
to
lay
down
further
import
procedures
relating to the transfer from the border inspection post
to the approved quarantine facilities or centres upon
(b) birds imported for conservation programmes approved by
entry into the Union in order to ensure that imported
the competent authority in the Member State of destination;
birds arrive at the designated approved quarantine facility
or centre within a reasonable time period.
(c) pet animals referred to in the third paragraph of Article 1 of
Directive 92/65/EEC, accompanying their owner;
(12) Approved
quarantine
facilities
and
centres,
the
list
of
(d) birds intended for zoos, circuses, amusement parks or
which is to be published by Member States, should
experiments;
comply with certain minimum conditions.
( 1 ) OJ L 10, 14.1.2006, p. 16.
(e) birds destined for bodies, institutes or centres approved
( 2 ) OJ L 237, 31.8.2006, p. 1.
according to Article 13 of Directive 92/65/EEC;

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(f) racing pigeons which are introduced to the territory of the
(f) ‘approved quarantine centre’ means premises:
Union from a neighbouring third country where they are
normally resident and then immediately released with the
(i) in which quarantine of imported birds is carried out;
expectation that they will fly back to that third country;
(ii) containing a number of units, which are operationally
(g) birds imported from Andorra, Liechtenstein, Monaco,
and physically separated from each other and in which
Norway, San Marino, Switzerland, and the Vatican City
each unit contains only birds of the same consignment,
State.
with the same health status, and therefore comprises a
single epidemiological unit;
Article 3
(iii) which has been inspected and approved by the
competent authority for compliance with the
Definitions
minimum conditions provided for in Article 6 and
For the purposes of this Regulation, the definitions of Directive
Annex IV;
2005/94/EC shall apply except for the definition of poultry in
point 4 of Article 2 of that Directive. For the purposes of this
(g) ‘sentinel birds’ means poultry which are to be used as a
Regulation ‘poultry’ means fowl, turkeys, guinea fowl, ducks,
diagnostic aid during quarantine;
geese, quails, pigeons, pheasants, partridges and ratites (Ratitae)
reared or kept in captivity for breeding, the production of meat
(h) ‘diagnostic manual’ means the Diagnostic Manual for avian
or eggs for consumption, or for restocking supplies of game.
influenza set out in the Annex to Decision 2006/437/EC.
The following definitions shall also apply:
Article 4
Approved breeding establishments
(a) ‘birds’ means animals of the avian species other than those
Approved breeding establishments shall comply with the
referred to in the second paragraph of Article 2;
following conditions:
(b) ‘approved breeding establishment’ means:
(a) the breeding establishment must be approved by the
competent authority in accordance with the conditions set
out in Annex II, and assigned an approval number;
(i) an establishment used exclusively for the breeding of
birds; and
(b) that approval number must have been communicated to the
Commission by that authority;
(ii) that has been inspected and approved by the competent
(c) the name and approval number of the breeding estab
authority of the exporting third country for compliance
lishment must appear on a list of breeding establishments
with the conditions provided for in Article 4 and Annex
drawn up by the Commission;
II;
(d) the approval of the breeding establishment must be
(c) ‘captive bred birds’ means birds that have not been caught
immediately withdrawn or suspended by the competent
in the wild but have been born and bred in captivity from
authority where it no longer complies with the conditions
parents that mated or had gametes otherwise transferred in
set out in Annex II and the Commission must be
captivity;
immediately informed thereof.
Article 5
(d) ‘seamlessly closed leg-ring’ means a ring or band in a
continuous circle, without any break or join, which has
Import conditions
not been tampered with in any way, of a size which
Imports of birds shall be authorised only if the birds comply
cannot be removed from the bird when its leg is fully
with the following conditions:
grown after having been applied in the first days of the
bird’s life and which has been commercially manufactured
for that purpose;
(a) the birds are captive bred birds;
(b) the birds must originate from third countries or parts
(e) ‘approved quarantine facility’ means premises, other than
thereof referred to in Annex I;
quarantine centres:
(c) the birds come from approved breeding establishments that
comply with the conditions laid down in Article 4;
(i) in which quarantine of imported birds is carried out;
(d) the birds were subjected to a laboratory virus detection test
(ii) which has been inspected and approved by the
7 to 14 days prior to shipment with negative results for any
competent authority for compliance with the
avian influenza and Newcastle disease virus;
minimum conditions provided for in Article 6 and
Annex IV;
(e) the birds have not been vaccinated against avian influenza;

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(f) the birds are accompanied by an animal health certificate in
(b) reach the border inspection post via e-mail or fax prior to
accordance with the model set out in Annex III (the animal
time of arrival of the consignment at that post or shall be
health certificate);
presented by the importer or his agent before the birds are
released from the border inspection post.
(g) the birds are identified with an individual identification
number by means of a uniquely marked seamlessly closed
leg-ring or a microchip in accordance with Article 66(2) of
Article 9
Commission Regulation (EC) No 865/2006 ( 1 );
Transit of birds in the Union
(h) the individual identification number of leg-rings or
Where birds are introduced into the Union via a Member State
microchips provided for in point (g) must contain at least
other than that of destination, all measures shall be taken to
the following:
ensure that the consignment reaches the intended Member State
of destination.
— the ISO code of the exporting third country performing
the identification,
Article 10
— a unique serial number;
Monitoring of the transport of birds
(i) the individual identification number provided for in point
1. Where
Union
legislation
provides
for
the
monitoring
of
(g) must be registered on the animal health certificate;
birds from the border inspection post to the approved quar
antine facility or centre at the place of destination, the following
(j) the birds are transported in new containers which are indi
exchanges of information shall be provided:
vidually identified externally with an identification number
that must correspond with the identification number
indicated on the animal health certificate.
(a) the official veterinarian responsible for the border inspection
post shall notify the competent authority responsible for the
Article 6
approved quarantine facility or centre at the place of desti
Approved quarantine facilities and centres
nation of the consignment, of the place of origin and the
place of destination of the birds via the Traces network;
Approved quarantine facilities and centres shall comply with the
minimum conditions set out in Annex IV.
(b) the person responsible for the approved quarantine facility
Each Member State shall draw up and keep up to date a list of
or centre of destination shall notify by e-mail or fax, within
approved quarantine facilities and centres and their approval
one working day of the date of arrival of the consignment
numbers and make it available to the Commission, to the
at the quarantine facility or centre, the official veterinarian
other Member States and to the public.
responsible for the approved quarantine facility or centre at
the place of destination of the arrival of the consignment at
Article 7
its destination;
Direct transport of birds to approved quarantine facilities
or centres
(c) the official veterinarian responsible for the approved quar
Birds shall be transported directly from the border inspection
antine facility or centre at the place of destination of the
post to an approved quarantine facility or centre in cages or
consignment shall notify via the Traces network, within
crates.
three working days of the date of arrival of the consignment
at the quarantine facility or centre, the official veterinarian
The total journey time from that post to that quarantine facility
responsible for the border inspection post who notified him
or centre must not normally exceed nine hours.
of the shipment of the consignment of the arrival of the
consignment at its destination.
When vehicles are used for this journey they shall be sealed by
the competent authorities with a tamper proof seal.
2. If confirmation is provided to the competent authority
Article 8
responsible for the border inspection post, that the birds
Attestation
declared as being intended for an approved quarantine facility
or centre have not arrived at their destination within three
Importers or their agents shall provide a written attestation, in
working days of the estimated date of arrival of the
an official language of the Member State of entry, and signed by
consignment at the quarantine facility or centre, the
the person responsible for the quarantine facility or centre
competent authority shall take appropriate measures vis-à-vis
certifying that the birds will be accepted for quarantine.
the person responsible for the consignment.
That attestation shall:
Article 11
(a) clearly indicate the name and address and approval number
of the quarantine facility or centre;
Quarantine provisions
1. The birds shall be quarantined for at least 30 days in an
( 1 ) OJ L 166, 19.6.2006, p. 1.
approved quarantine facility or centre (‘the quarantine’).

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2. At
least
at
the
beginning
and
the
end
of
quarantine
of
(c) no birds shall enter or leave the approved quarantine facility
each consignment, the official veterinarian shall inspect the
until the suspicion is ruled out.
conditions of quarantine, including an examination of the
mortality records and a clinical inspection of the birds in the
2. If
the
suspicion
of
avian
influenza
or
Newcastle
disease
in
approved quarantine facility or in each unit of the approved
the affected approved quarantine facility as referred to in
quarantine centre.
paragraph 1 is confirmed, the following measures shall be
taken:
However, the official veterinarian shall carry out inspections
more frequently if required by the disease situation.
(a) all birds and sentinel birds in the approved quarantine
facility shall be killed and destroyed;
Article 12
(b) the approved quarantine facility shall be cleaned and
Examination, sampling and testing to be carried out in
disinfected;
relation to a consignment during quarantine
1. The
examination,
sampling
and
testing
procedures
for (c) no birds shall enter the approved quarantine facility until 21
avian influenza and Newcastle disease, set out in Annex V,
days following the final cleaning and disinfection.
shall be carried out following the arrival of the birds in quar
antine.
3.
If during quarantine in an approved quarantine centre, it is
suspected that one or more birds and/or sentinel birds in a unit
of the quarantine centre are infected with avian influenza or
2. When
sentinel
birds
are
used
a
minimum
of
10
sentinel Newcastle disease, the following measures shall be taken:
birds shall be used in the approved quarantine facility or in each
unit of the approved quarantine centre.
(a) the competent authority shall place the approved quarantine
centre under official supervision;
3. Sentinel
birds
used
for
examination,
sampling
and
testing
procedures shall be:
(b) samples for virological examination as set out in point 2 of
Annex V shall be taken from those birds and sentinel birds
and shall be analysed accordingly;
(a) at least three weeks old and used only once for those
purposes;
(c) no birds shall enter or leave the approved quarantine centre
until the suspicion is ruled out.
(b) leg-banded for identification purposes or identified with
another non-removable identification;
4. If
the
suspicion
of
avian
influenza
or
Newcastle
disease
in
the affected unit of the approved quarantine centre as referred
to in paragraph 3 is confirmed, the following measures shall be
(c) unvaccinated and have been found sero-negative for avian
taken:
influenza and Newcastle disease within a period of 14 days
before the date of commencement of quarantine;
(a) all birds and sentinel birds in the affected unit of the
approved quarantine centre shall be killed and destroyed;
(d) placed in the approved quarantine facility or in a unit of the
approved quarantine centre before the arrival of the birds in
(b) the unit concerned shall be cleaned and disinfected;
the common airspace and as close as possible to the birds
in such a way that close contact between the sentinel birds
(c) the following samples shall be taken:
and the excrements of the birds in quarantine is ensured.
(i) where sentinel birds are used, not earlier than 21 days
Article 13
following the final cleaning and disinfection of the unit
concerned, samples for serological examination as set
Action in case of a suspected disease in an approved
out in Annex V must be taken from sentinel birds in
quarantine facility or centre
the other quarantine units; or
1. If during quarantine in an approved quarantine facility, it
is suspected that one or more birds and/or sentinel birds are
(ii) where no sentinel birds are used, during 7 to 15 days
infected with avian influenza or Newcastle disease, the following
following the final cleaning and disinfection, samples for
measures shall be taken:
virological examination as set out in point 2 of Annex V
must be taken from birds in the other quarantine units;
(a) the competent authority shall place the approved quarantine
facility under official supervision;
(d) no birds shall leave the approved quarantine centre until the
results of the sampling provided for in point (c) have been
confirmed as negative.
(b) samples for virological examination as set out in point 2 of
Annex V shall be taken from those birds and sentinel birds
5. Member
States
shall
inform
the
Commission
of
any
and shall be analysed accordingly;
measures taken under this Article.

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Article 14
5. Birds
shall
not
be
released
from
quarantine
until
at
least
the laboratory testing period provided for in paragraph 3 has
Derogations relating to a positive finding of low
elapsed.
pathogenic avian influenza or Newcastle disease in an
approved quarantine facility or centre
1. Where
during
quarantine
one
or
more
birds
and/or 6. The
approved
quarantine
facility
or
the
unit
concerned
of
sentinel birds are found to be infected with low pathogenic
the approved quarantine centre shall be cleaned and disinfected
avian influenza (LPAI) or Newcastle disease, the competent
after it has been emptied. Any matter or waste likely to have
authority may, based on a risk assessment, grant derogations
been contaminated as well as all the waste that has accumulated
from the measures provided for in Article 13(2)(a) and (4)(a),
during the laboratory testing period provided for in paragraph 3
provided that such derogations do not endanger disease control
shall be removed in such a way that ensures that the pathogen
(the derogation).
is not spread, and destroyed in such a way that guarantees the
destruction of the virus of LPAI or Newcastle disease present.
Member States shall immediately inform the Commission of any
such derogations.
7. The
repopulation
of
the
approved
quarantine
facility
or
centre shall not take place for a period of 21 days following the
date of completion of the final cleansing and disinfection as
provided for in paragraph 6.
2. When
an
official
veterinarian
inspects
an
approved
quar
antine facility or centre that has been granted a derogation, and
one or more of the birds and/or sentinel birds are found to be
infected with LPAI or Newcastle disease, the measures set out in
Article 15
paragraphs 3 to 7 shall be complied with.
Action in case of suspected Chlamydiosis
If during quarantine in an approved quarantine facility or
centre, it is suspected or confirmed that psittaciformes are
Member States shall immediately inform the Commission of any
infected with Chlamydophila psittaci all birds of the consignment
such measures.
shall be treated by a method approved by the competent
authority and the quarantine shall be prolonged for at least
two months following the date of the last recorded case.
3. In the case of a positive finding of LPAI, instead of the
standard samples as provided for in the diagnostic manual, the
following samples shall be taken for laboratory testing, 21 days
Article 16
following the date of the last positive finding of LPAI in the
approved quarantine facility or from each unit in the approved
Release from quarantine
quarantine centre and at intervals of 21 days:
Birds shall only be released from quarantine in an approved
quarantine facility or centre on written authorisation by an
official veterinarian.
(a) samples of any dead sentinel birds or other birds present at
the time of sampling;
Article 17
(b) tracheal/oropharyngeal and cloacal swabs from at least 60
Notification and reporting requirements
birds or from all birds where there are less than 60 present
1. Member
States
shall
communicate
to
the
Commission
at the approved quarantine facility or the unit concerned of
within 24 hours any case of avian influenza or Newcastle
the approved quarantine centre; or if the birds are small,
disease detected in an approved quarantine facility or centre.
exotic and not used to being handled or handling them
would be dangerous for people, samples of fresh faeces
must be collected; the sampling and laboratory testing of
2. Member
States
shall
communicate
to
the
Commission
the
such samples must continue until two consecutive negative
following information on an annual basis:
laboratory results are obtained which must be at least at an
interval of 21 days.
(a) the number of birds imported via approved quarantine
facilities and centres per species and per approved
However, the competent authority may grant derogations from
breeding establishment of origin;
the sample size provided for in this paragraph, based on the
outcome of a risk assessment.
(b) information regarding the mortality rate for imported birds
from the animal health certification procedure in the
4. In the case of a positive finding of Newcastle disease, the
country of origin to the end of the quarantine period;
competent authority may only grant a derogation provided that
in the 30 days following the death or clinical recovery of the
last case of that disease, sampling in accordance with points 1
(c) the number of cases of positive findings of avian influenza,
and 2 of Annex V, not taking account of the reference to the
Newcastle disease and Chlamydophila psittaci in approved
time period specified, has been carried out with negative results.
quarantine facilities or centres.

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Article 18
Cost relating to quarantine
All quarantine costs incurred by the application of this Regulation shall be borne by the importer.
Article 19
Repeal
Regulation (EC) No 318/2007 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in
accordance with the correlation table in Annex VII.
Article 20
Entry into force
This Regulation shall enter into force on the twentieth 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, 7 January 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX I
List of third countries from which imports of captive bred birds are authorised
1. Third countries or parts thereof listed in columns 1 and 3 of the table in Part 1 of Annex I to Commission Regulation
(EC) No 798/2008 ( 1 ), where column 4 of that table provides for a model veterinary certificate for breeding or
productive poultry other than ratites (BPP);
2. Argentina;
3. Philippines: National Capital Region.
( 1 ) OJ L 226, 23.8.2008, p. 1.

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ANNEX II
Conditions governing approval of breeding establishments in the third country of origin as provided for in
Article 4
CHAPTER 1
Approval of breeding establishments
In order to be granted approval as provided for in Article 4, a breeding establishment shall comply with the conditions
set out in this Chapter.
(1) The breeding establishment must be clearly demarcated and separated from its surroundings or the animals confined
and located so as not to pose a health risk to animal holdings whose health status might be jeopardised.
(2) It must have adequate means for catching, confining and isolating animals and have available adequate approved
quarantine facilities and approved procedures for animals coming from establishments that have not been approved.
(3) The person responsible for the breeding establishment must have adequate experience in the breeding of birds.
(4) The breeding establishment must be free of avian influenza, Newcastle disease and Chlamydophila psittaci; in order for
it to be declared free from those diseases, the competent authority shall assess the records on the animal health status
kept for at least the previous three years before the date of the application for approval and the results of the clinical
and laboratory tests carried out on the animals therein. However, new breeding establishments shall only be approved
on the results of the clinical and laboratory tests carried out on the animals in such establishments.
(5) It must keep up-to-date records indicating:
(a) the number and identity (age, sex, species and individual identification number where practical) of the animals of
each species present in the breeding establishment;
(b) the number and identity (age, sex, species and individual identification number where practical) of animals
arriving in the breeding establishment or leaving it, together with information on their origin or destination,
the transport from or to the breeding establishment and the animals health status;
(c) the results of blood tests or any other diagnostic procedures;
(d) cases of disease and, where appropriate, the treatment administered;
(e) the results of the post-mortem examinations on animals that have died in the breeding establishment, including
still-born animals;
(f) observations made during any isolation or quarantine period.
(6) The breeding establishment must either have an arrangement with a competent laboratory to perform post-mortem
examinations, or have one or more appropriate premises where such examinations may be performed by a competent
person under the authority of the approved veterinarian.
(7) The breeding establishment must either have suitable arrangements or on-site facilities for the appropriate disposal of
the bodies of animals which die of a disease or are euthanised.
(8) The breeding establishment must secure, by contract or legal instrument, the services of a veterinarian approved by
and under the control of the competent authority of the exporting third country, who:
(a) shall ensure that appropriate disease surveillance and control measures in relation to the disease situation of the
country concerned are approved by the competent authority and applied in the breeding establishment. Such
measures shall include:
(i) an annual disease surveillance plan including appropriate zoonoses control of the animals;
(ii) clinical, laboratory and post-mortem testing of animals suspected to be affected by transmissible diseases;
(iii) vaccination of susceptible animals against infectious diseases as appropriate, in conformity with the Manual of
Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE);
(b) shall ensure that any suspect deaths or the presence of any other symptoms suggesting that animals have
contracted avian influenza, Newcastle disease or Chlamydophila psittaci is notified without delay to the
competent authority of the third country;
(c) shall ensure that animals entering the breeding establishment have been isolated as necessary, and in accordance
with the requirements of this Regulation and the instructions, if any, given by the competent authority;

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(d) shall be responsible for the day to day compliance with the animal health requirements of this Regulation and of
Union legislation on welfare of animals during transport.
(9) If the breeding establishment breeds animals intended for laboratories carrying out experiments, the general care and
accommodation of such animals must be in conformity with the requirements of Article 33 of Directive 2010/63/EU
of the European Parliament and of the Council ( 1 ).
CHAPTER 2
Maintaining the approval of breeding establishments
Breeding establishments shall only remain approved as such if they comply with the conditions set out in this Chapter.
(1) The premises are under the control of an official veterinarian from the competent authority, who shall:
(a) ensure that the conditions set out in this Regulation are met;
(b) visit the premises of the breeding establishment at least once per year;
(c) audit the activity of the approved veterinarian and the implementation of the annual disease surveillance plan;
(d) verify that the results of the clinical, post-mortem and laboratory tests on the animals have revealed no
occurrence of avian influenza, Newcastle disease or Chlamydophila psittaci.
(2) Only animals coming from another approved breeding establishment are introduced into the breeding establishment,
in accordance with the conditions set out in this Regulation.
(3) The breeding establishment shall keep the records referred to in point 5 of Chapter 1 following the date of approval,
for a period of at least 10 years.
CHAPTER 3
Quarantine of birds introduced from other sources than approved breeding establishments
By way of derogation from point 2 of Chapter 2, birds introduced from sources other than approved breeding establish
ments, may be introduced in a breeding establishment after approval for such an introduction is given by the competent
authority, provided that such animals undergo quarantine in accordance with the instructions given by the competent
authority before being added to the collection. The quarantine period must be at least 30 days.
CHAPTER 4
Suspending, withdrawing or regranting approval of breeding establishments
The procedures for partly or completely suspending, withdrawing or regranting approval of breeding establishments shall
comply with the conditions set out in this Chapter.
(1) Where the competent authority finds that a breeding establishment no longer complies with the conditions set out in
Chapters 1 and 2, or there has been a change of use so that it is no longer used exclusively for the breeding of birds,
it shall suspend or withdraw the approval of such establishment.
(2) Where the competent authority has received notification of the suspicion of avian influenza, Newcastle disease or
Chlamydophila psittaci, it shall suspend the approval of the breeding establishment, until the suspicion has been
officially ruled out. It shall ensure that the measures necessary to confirm or rule out the suspicion and to avoid
any spread of disease are taken, in accordance with the requirements of Union legislation governing measures to be
taken against the disease in question and on trade in animals.
(3) Where the suspected disease is confirmed, the competent authority may only approve the breeding establishment
again in accordance with Chapter 1 following:
(a) the eradication of the disease and the source of infection in the breeding establishment;
(b) the suitable cleaning and disinfection of the breeding establishment;
(c) the fulfilling of the conditions laid down in Chapter 1, with the exception of point 4.
(4) The competent authority shall immediately inform the Commission of the suspension, withdrawal or regranting of
approval of any breeding establishment.
( 1 ) OJ L 276, 20.10.2010, p. 33.

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L 47/10
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Official Journal of the European Union
20.2.2013
ANNEX III
Animal health certificate as referred to in point (f) of article 5 for imports of certain birds other than poultry
intended for dispatch to the Union

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Official Journal of the European Union
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ANNEX IV
Minimum conditions for approved quarantine facilities and centres for birds as referred to in article 6
Approved quarantine facilities and centres shall comply with the conditions set out in Chapters 1 and 2.
CHAPTER 1
Construction and equipment of quarantine facilities or centres
(1) The quarantine facility or centre must be a separate building or buildings which are separated from other poultry
holdings and other bird holdings by a distance specified by the competent authority based on a risk assessment
which takes into account the epidemiology of avian influenza and Newcastle disease. Entry/exit doors must be
lockable with signs indicating: ‘QUARANTINE — No admission for unauthorised persons’.
(2) Each quarantine unit of the quarantine centre must occupy a separate airspace.
(3) The quarantine facility or centre must be bird, fly and vermin proof and sealable so as to permit fumigation.
(4) The approved quarantine facility and each unit of an approved quarantine centre must be equipped with hand
washing facilities.
(5) Entry and exit doors to the approved quarantine facility and to each unit of an approved quarantine centre must be
double door systems.
(6) Hygiene barriers must be installed at all entrances/exits to the approved quarantine facility and the different units of
an approved quarantine centre.
(7) All equipment must be constructed in such a way that it can be cleaned and disinfected.
(8) The feed store must be bird and rodent proof and must be protected against insects.
(9) A container must be available to store litter and must be bird and rodent proof.
(10) A refrigerator and/or freezer must be provided for holding carcases.
CHAPTER 2
Management requirements
(1) Approved quarantine facilities and centres must:
(a) have an efficient control system so as to ensure adequate surveillance of the animals;
(b) be under the control and responsibility of the official veterinarian;
(c) be cleaned and disinfected in accordance with a programme approved by the competent authority after which
there shall be an appropriate resting period; the disinfectants used must be approved for that purpose by the
competent authority.
(2) For each consignment of birds quarantined:
(a) the approved quarantine facility or unit of an approved quarantine centre must be cleaned and disinfected and
then be kept free of birds for at least seven days before the imported birds are introduced;
(b) the consignment of birds must come from a single approved breeding establishment in the third country of
origin and be introduced over a period of not more than 48 hours;
(c) the quarantine period must start when the last bird is introduced;
(d) the approved quarantine facility or unit of an approved quarantine centre must be emptied of birds, cleaned and
disinfected at the end of the quarantine period.
(3) Precautions shall be taken to prevent cross-contamination between incoming and outgoing consignments.
(4) Unauthorised persons shall not enter the approved quarantine facility or centre.
(5) Persons entering the approved quarantine facility or centre must wear protective clothing including footwear.

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Official Journal of the European Union
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(6) No contacts between personnel shall take place, which may cause contamination between approved quarantine
facilities or units of approved quarantine centres.
(7) Appropriate equipment shall be available for cleaning and disinfection.
(8) If identification by microchipping is used, an appropriate microchip reader shall be available at the approved
quarantine facility or centre.
(9) Cleaning and disinfection of the cages or crates used for the transport must be carried out at the approved
quarantine facility or centre unless they are destroyed. If reused, they must be made of a material that allows
effective cleaning and disinfection. The cages and crates must be destroyed in such a way so as to avoid spread of
disease causing agents.
(10) Litter and waste material shall be collected regularly, stored in the litter container and subsequently treated in such a
way as to avoid spread of disease-causing agents.
(11) Carcases of birds must be examined in an official laboratory designated by the competent authority.
(12) The necessary analyses and treatments of birds must be carried out in consultation with and under the control of the
official veterinarian.
(13) The official veterinarian must be informed of diseases and death of birds and/or sentinel birds during the quarantine.
(14) The person in charge of the approved quarantine facility or centre must keep a record of:
(a) the date, number and species of birds entering and leaving for each consignment;
(b) copies of the animal health certificates and the Common Veterinary Entry Documents accompanying the
imported birds;
(c) individual identification numbers of the imported birds, and in case of identification by microchip the details of
the type of microchip and the reader used shall be recorded;
(d) if in the quarantine facility or centre sentinel birds are used, the number and placing of the sentinel birds in the
quarantine facility or centre;
(e) any significant observation: cases of illness and number of deaths on a daily basis;
(f) dates and results of testing;
(g) types and dates of treatment;
(h) persons entering and leaving the quarantine facility or centre.
(15) The records referred to in point 14 shall to be kept for at least 10 years.
CHAPTER 3
Suspending, withdrawing or regranting approval of quarantine facilities and centres
The procedures for partly or completely suspending, withdrawing or regranting approval of quarantine facilities and
centres shall comply with the conditions set out in this Chapter.
(1) Where the competent authority finds that a quarantine facility or centre no longer complies with the conditions set
out in Chapters 1 and 2, or there has been a change of use which is no longer covered by Article 3(e) and (f), it shall
inform the Commission of this fact. Such quarantine facilities or centres shall not be used for imports in accordance
with this Regulation.
(2) Approval shall only be regranted to a quarantine facility or centre when the conditions laid down in Chapters 1 and 2
are again fulfilled.

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ANNEX V
Examination, sampling and testing procedures for avian influenza and Newcastle disease
(1) During quarantine either the sentinel birds, or if sentinel birds are not used, the imported birds, shall be subjected to
the following procedures:
(a) with use of sentinel birds:
(i) blood samples for serological examination must be taken from all sentinel birds not less then 21 days
following their entry into the quarantine and at least three days before the end of the quarantine;
(ii) if sentinel birds show positive or inconclusive serological results for the samples referred to in point (i), the
imported birds must be subjected to virological examination; cloacal swabs (or faeces) and tracheal/oropha
ryngeal swabs must be taken from at least 60 birds or from all birds if the consignment is less than 60 birds;
(b) without use of sentinel birds, imported birds must be examined virologically (serological testing not being
appropriate). Tracheal/oropharyngeal and/or cloacal swabs (or faeces) must be taken from at least 60 birds or
from all birds if the consignment is less than 60 birds, during the first 7 to 15 days of the quarantine.
(2) In addition to the testing set out in point 1, the following samples shall be taken for virological examination:
(a) cloacal swabs (or faeces) and tracheal/oropharyngeal swabs, if possible, from clinically ill birds or ill sentinel birds;
(b) from the intestinal contents, brain, trachea, lungs, liver, spleen, kidneys and other obviously affected organs as
soon as possible following the death from either:
(i) dead sentinel birds and all birds dead on arrival and those which die during quarantine; or
(ii) in the case of high mortality in small birds of large consignments from at least 10 % of the dead birds.
(3) All virological and serological testing of samples taken during quarantine must be carried out in official laboratories
designated by the competent authority using diagnostic procedures in accordance with the diagnostic manual for
avian influenza and the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE for Newcastle
disease. For virological examination pooling of samples up to a maximum of five samples of individual birds in one
pool is allowed. Faecal material must be pooled separately from other organ and tissue samples.
(4) Virus isolates must be submitted to the national reference laboratory.

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Official Journal of the European Union
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ANNEX VI
Repealed Regulation with list of its successive amendments
Commission Regulation (EC) No 318/2007 (OJ
L
84,
24.3.2007,
p.
7).
Commission Regulation (EC) No 1278/2007 (OJ
L
284,
30.10.2007,
p.
20).
Commission Regulation (EC) No 86/2008 (OJ
L
27,
31.1.2008,
p.
8).
Commission Regulation (EC) No 311/2008 (OJ
L
93,
4.4.2008,
p.
3).
Commission Regulation (EC) No 607/2008 (OJ
L
166,
27.6.2008,
p.
18).
Commission Regulation (EC) No 754/2008 (OJ
L
205,
1.8.2008,
p.
6).
Commission Regulation (EC) No 1219/2008 (OJ
L
330,
9.12.2008,
p.
4).
Commission Regulation (EC) No 1294/2008 (OJ
L
340,
19.12.2008,
p.
41).
Commission Regulation (EC) No 201/2009 (OJ
L
71,
17.3.2009,
p.
3).
Commission Regulation (EC) No 555/2009 (OJ
L
164,
26.6.2009,
p.
37).
Commission Regulation (EC) No 1118/2009 (OJ
L
307,
21.11.2009,
p.
3).
Commission Regulation (EU) No 239/2010 (OJ
L
75,
23.3.2010,
p.
18).
Commission Implementing Regulation (EU) No 66/2012 (OJ
L
23,
26.1.2012,
p.
1).
Commission Implementing Regulation (EU) No 390/2012 (OJ
L
121,
8.5.2012,
p.
18).

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ANNEX VII
Correlation Table
Regulation (EC) No 318/2007 This
Regulation
Articles 1 and 2 Articles
1
and
2
Article 3, first paragraph Article
3,
first
paragraph
Article 3, second paragraph, points (a) to (h) Article
3,
second
paragraph,
points
(a)
to
(h)
Article 3, second paragraph, point (i)
—
Article 4 Article
4
Article 5, introductory wording Article
5,
introductory
wording
Article 5, point (a) Article
5,
point
(a)
Article 5, point (b) Article
5,
point
(b)
Article 5, point (ba) Article
5,
point
(c)
Article 5, point (c) Article
5,
point
(d)
Article 5, point (d) Article
5,
point
(e)
Article 5, point (e) Article
5,
point
(f)
Article 5, point (f) Article
5,
point
(g)
Article 5, point (g) Article
5,
point
(h)
Article 5, point (h) Article
5,
point
(i)
Article 5, point (i) Article
5,
point
(j)
Articles 6 to 18 Articles
6
to
18
Article 19
—
— Article
19
Article 20, first paragraph Article
20
Article 20, second paragraph
—
Annexes I to IV Annexes
I
to
IV
Annex VI Annex
V
— Annex
VI
— Annex
VII

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