REGULATIONS

EN
13.9.2014
Official Journal of the European Union
L 273/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 952/2014
of 4 September 2014
amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Malaysia in the list of
third countries, territories, zones or compartments with respect to highly pathogenic avian
influenza and as regards the model veterinary certificates for the import of poultry, day-old
chicks, hatching eggs, meat of poultry and farmed ratites and eggs
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 products of animal origin for human consumption (1), and in
particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8, points 3 and 4 of Article 8 and
Article 9(2)(b) and Article 9(4) thereof,
Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003
on the control of salmonella and other specified food-borne zoonotic agents (2), and in particular Article 10(2) thereof,
Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intraCommunity trade in, and imports from third countries of, poultry and hatching eggs (3), and in particular Article 23(1),
Article 24(2), Article 25, Article 26(2) and Article 28(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 798/2008 (4) provides that the commodities falling within its scope of application
are only to be imported into and transit through the Union from the third countries, territories, zones or
compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.
(2)
Regulation (EC) No 798/2008 also lays down the veterinary certification requirements for the commodities
concerned. Those requirements take into account whether or not specific conditions are required due to the
disease status of those third countries, territories, zones or compartments. Those specific conditions, as well as
the model veterinary certificates required to accompany imports of those commodities, are set out in Part 2 of
Annex I to that Regulation.
(1 )
(2 )
(3 )
(4 )
OJ L 18, 23.1.2003, p. 11.
OJ L 325, 12.12.2003, p. 1.
OJ L 343, 22.12.2009, p. 74.
Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or
compartments from which poultry and poultry products may be imported into and transit through the Community and the
veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).
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(3)
Malaysia is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports of
egg products and eggs for human consumption are authorised, but only from the region of the Western Peninsular
(MY-1). However, the entry for that third country in that Annex indicates that imports of eggs for human
consumption from that region are currently restricted for public health reasons, due to the fact that the
relevant Salmonella control programme has not yet obtained EU approval in accordance with Regulation (EC)
No 2160/2003 and also due to a specific condition on restrictions related to outbreaks of highly pathogenic avian
influenza (HPAI).
(4)
According to the last update of the World Organisation for Animal Health (OIE) on HPAI in animals, Malaysia has
been free of HPAI for more than two years. It is, therefore, appropriate to lift the animal health restrictions in
relation to imports of eggs for human consumption with respect to HPAI and to update the entry for Malaysia in
Part 1 of Annex I to Regulation (EC) No 798/2008 accordingly. Nevertheless, imports of eggs for human
consumption should continue to be prohibited due to the remaining restrictions due to the absence of a Salmonella
control programme approved by the Union.
(5)
Regulation (EC) No 798/2008 also lays down conditions for determining whether or not a third country, territory,
zone or compartment is to be considered as free from Newcastle disease. One of the conditions is that no
vaccination against that disease, using vaccines that do not comply with the criteria for recognised Newcastle
disease vaccines set out in Annex VI to that Regulation, has been carried out, for a period of at least 12 months
preceding the certification by the official veterinarian, unless the additional health requirements set out in Annex
VII thereto are fulfilled. The model veterinary certificates BPP, BPR, DOC, DOR, HEP, HER, SRP and SRA set out in
Part 2 of Annex I to Regulation (EC) No 798/2008 require certification of compliance and information on the use
of Newcastle disease vaccines, including the name and the type of the vaccine and the date of vaccination. The
current format of those models should be updated to allow a more convenient recording of that information in a
tabular format.
(6)
Regulation (EC) No 798/2008 allows imports of meat of farmed ratites for human consumption into the Union
from ‘registered closed ratite holdings’ in South Africa provided that the specific conditions set out in Annex I
thereto are fulfilled. However, experience has shown that it is necessary to clarify the veterinary certification
requirements for that commodity, in particular with respect to the occurrence of low pathogenic avian
influenza (LPAI) viruses in ratite and poultry holdings. The specific condition ‘H’ and the model veterinary
certificate for meat of farmed ratites for human consumption (RAT), set out in Part 2 of Annex I to Regulation
(EC) No 798/2008, should therefore be amended accordingly.
(7)
Regulation (EC) No 798/2008, provides for alternative certification conditions for imports of day-old chicks and
hatching eggs from Canada originating from holdings located in areas outside those placed under official
restrictions for LPAI due to guarantees received from that third country and the veterinary agreement (1)
entered into with it. However, it is appropriate to establish veterinary certification requirements for imports of
day-old chicks and hatching eggs from all third countries authorised for such imports in order to align those
requirements with those being applied within the Union in the case of an LPAI outbreak, including placing an area
of at least 1 km radius around an LPAI outbreak under official veterinary restrictions. It is also appropriate to apply
those amended requirements for LPAI to imports of all commodities from live poultry and live ratites covered by
Regulation (EC) No 798/2008 from all third countries authorised for such imports. In Parts 1 and 2 of Annex I to
Regulation (EC) No 798/2008, the specific condition indicated as ‘L’ should therefore be deleted and the model
veterinary certificates BPP, BPR, DOC, DOR, HEP, HER, SRP and SRA should be amended accordingly.
(8)
Regulation (EC) No 2160/2003 lays down rules for the control of Salmonella in different poultry populations in the
Union. It provides that admission to, or retention on, the lists of third countries provided for in Union legislation,
for the relevant species or category, from which Member States are authorised to import those poultry or hatching
(1) Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and
the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal
products (OJ L 71, 18.3.1999, p. 1).
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eggs covered by that Regulation is subject to the submission to the Commission by the third country concerned of
a control programme for Salmonella with equivalent guarantees to those contained in the national control
programmes for Salmonella in the Member States. Relevant guarantees and information in that regard are also
included in the relevant model veterinary certificates for those commodities set out in Part 2 of Annex I to
Regulation (EC) No 798/2008. For the purpose of convenience, the indication and attestation of those guarantees
in model veterinary certificates: BPP, DOC, HEP and SRP, set out in Part 2 of Annex I to Regulation (EC)
No 798/2008, should be amended to allow the use of a tabular format.
(9)
Commission Regulation (EU) No 517/2011 (1) repealed Commission Regulation (EC) No 1168/2006 (2). References
to Regulation (EC) No 1168/2006 in Regulation (EC) No 798/2008 should therefore be amended in order to refer
instead to Regulation (EU) No 517/2011.
(10)
Regulation (EC) No 853/2004 (3) lays down specific rules on the hygiene of food of animal origin for food
business operators and the definitions which apply to them. Point 1.12 of Annex I to that Regulation lays
down the definition for ‘viscera’ which includes poultry gizzards.
(11)
In addition, Commission Decision 2007/240/EC (4) establishes standard models for veterinary certificates required
for the import of live animals, semen, embryo, ova and products of animal origin into the Union and the
certificates for transit through the Union of products of animal origin. The explanatory notes set out in Annex
I to that Decision provide that the Harmonised System (HS) codes, as they appear in the World Customs
Organisation's Harmonised System are to be used when completing Box I.19 of the model veterinary certificates.
In that System, poultry gizzards are stomachs of animals which remain classified under HS code 05.04 even when
edible.
(12)
The model veterinary certificate for meat of poultry (POU) set out in Part 2 of Annex I to Regulation (EC)
No 798/2008 refers in point I.19 of Part I of the Notes to the HS headings 02.07 and 02.08. In order to
include the certification for poultry gizzards, the HS code 05.04 should be added to those Notes.
(13)
Commission Implementing Regulation (EU) No 427/2012 (5) authorises Denmark to apply the special guarantees
concerning salmonella laid down in Regulation (EC) No 853/2004 to eggs intended for dispatch to that Member
State. Accordingly the model veterinary certificate for eggs (E) set out in Part 2 of Annex I to Regulation (EC)
No 798/2008 should be amended in order to take account of Implementing Regulation (EU) No 427/2012. In
addition, the reference in that model veterinary certificate to Council Regulation (EC) No 1028/2006 (6) should be
replaced, as that Regulation has now been repealed, by a reference to Part VI of Annex VII of Regulation (EU)
No 1308/2013 (7) of the European Parliament and of the Council.
(1) Commission Regulation (EU) No 517/2011 of 25 May 2011 implementing Regulation (EC) No 2160/2003 of the European
Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain salmonella serotypes in
laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 (OJ L 138,
26.5.2011, p. 45).
(2) Commission Regulation (EC) No 1168/2006 of 31 July 2006 implementing Regulation (EC) No 2160/2003 as regards a Community
target for the reduction of the prevalence of certain salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC)
No 1003/2005 (OJ L 211, 1.8.2006, p. 4).
(3) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules
for food of animal origin (OJ L 139, 30.4.2004, p. 55).
(4) Commission Decision 2007/240/EC of 16 April 2007 laying down new veterinary certificates for importing live animals, semen,
embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC,
93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC,
2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC,
2004/595/EC, 2004/639/EC and 2006/168/EC (OJ L 104, 21.4.2007, p. 37).
(5) Commission Implementing Regulation (EU) No 427/2012 of 22 May 2012 on the extension of special guarantees concerning
salmonella laid down in Regulation (EC) No 853/2004 of the European Parliament and of the Council to eggs intended for
Denmark, (OJ L 132, 23.5.2012, p. 8).
(6) Council Regulation (EC) No 1028/2006 of 19 June 2006 on marketing standards for eggs(OJ L 186, 7.7.2006, p. 1).
(7) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common
organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC)
No 1037/2001 and (EC) No 1234/2007(OJ L 347, 20.12.2013, p. 671).
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(14)
Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.
(15)
A reasonable period should be allowed to elapse before the amended model veterinary certificates become
mandatory in order to allow Member States and the industry to adapt to the new requirements set out in the
amended model veterinary certificates.
(16)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 798/2008
Annex I of Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
Article 2
Transitional measures
For a transitional period until 14 March 2015, the introduction into the Union of consignments of commodities covered
by Regulation (EC) No 798/2008, accompanied by a veterinary certificate completed in accordance with the appropriate
model veterinary certificates BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA, POU, RAT and E set out in Part 2 of Annex I to
Regulation (EC) No 798/2008, in their versions prior to the amendments made by Article 1 of this Regulation, shall
continue to be authorised, provided that the veterinary health certificate was signed before 14 January 2015.
Article 3
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, 4 September 2014.
For the Commission
The President
José Manuel BARROSO
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Official Journal of the European Union
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ANNEX
Annex I to Regulation (EC) No 798/2008 is amended as follows:
(1) Part 1 is replaced by the following:
‘PART 1
AL –
Albania
AL-0
Whole country
4
5
6
Opening
date (2)
6A
6B
Salmonella control
status
3
Closing
date (1)
Avian influenza
vaccination status
2
Specific conditions
Avian influenza
surveillance status
1
Code of
Veterinary certificate
third
country,
Description of third
territory, country, territory, zone
Model(s)
zone or
or compartment
compartm
ent
Additional
guarantees
ISO code and
name of
third country
or territory
Specific conditions
List of third countries, territories, zones or compartments
7
8
9
EP, E
S4
SPF
AR –
Argentina
AR-0
Whole country
POU,
RAT, EP,
E
WGM
A
S4
VIII
SPF
AU –
Australia
AU-0
Whole country
EP, E
S4
BPP,
DOC,
HEP, SRP
S0,
ST0
BPR
I
DOR
II
HER
III
POU
VI
RAT
VII
BR-0
Whole country
BR-1
States of:
RAT,
Rio Grande do Sul,
BPR,
Santa
Catarina,
DOR,
Paraná, São Paulo
and Mato Grosso HER, SRA
do Sul
BR – Brazil
SPF
N
A
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Official Journal of the European Union
2
3
4
BR-2
States of:
Mato
Grosso,
Paraná, Rio Grande
do
Sul,
Santa
Catarina and São
Paulo
BPP,
DOC,
HEP, SRP
BR-3
Distrito Federal and
States of:
Goiás,
Minas
Gerais,
Mato
Grosso,
Mato
Grosso do Sul,
Paraná, Rio Grande
do
Sul,
Santa
Catarina and São
Paulo
WGM
5
6
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6A
6B
7
8
9
N
S5,
ST0
N
S4
VIII
EP, E,
POU
SPF
EP, E
BW –
Botswana
BY –
Belarus
BW-0
BY - 0
S4
BPR
I
DOR
II
HER
III
RAT
VII
EP and E
(both ‘for
transit
only
through
Lithuania’)
IX
Whole country
Whole country
SPF
EP, E
CA –
Canada
CA-0
Whole country
S4
BPR, BPP,
DOR,
HER,
SRA, SRP
N
DOC,
HEP
N
WGM
POU,
RAT
A
VIII
N
S1,
ST1
EN
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1
CH –
Switzerland
Official Journal of the European Union
2
CH-0
3
Whole country
4
5
6
L 273/7
6A
6B
(3 )
7
A
8
9
(3 )
SPF
S4
EP, E
CL – Chile
CL-0
Whole country
BPP, BPR,
DOC,
DOR,
HEP, HER,
SRA, SRP
WGM
N
Whole country
CN-1
Province of
Shandong
GL-0
Whole country
CN – China
GL –
Greenland
HK – Hong
Kong
S0,
ST0
VIII
POU,
RAT
CN-0
A
N
EP
POU, E
VI
P2
6.2.2004
—
S4
SPF
EP, WGM
HK-0
The whole territory
of the Hong Kong
Special
Adminis
trative Region
EP
SPF
IL –
Israel (6)
IL-0
Whole country
BPP, BPR,
DOC,
DOR,
HEP, HER,
SRP
A
N
POU,
RAT
WGM
EP, E
IN – India
IN-0
Whole country
IS – Iceland
IS-0
Whole country
S5,
ST1
VIII
S4
EP
SPF
KR –
Republic of
Korea
KR-0
Whole country
EP, E
S4
EP, E
S4
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Official Journal of the European Union
2
3
4
MDMoldova
MD-0
Whole country
EP
ME –
Montenegro
ME-0
Whole country
EP
5
6
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6A
6B
7
8
9
SPF
MG –
Madagascar
MY –
Malaysia
MG-0
Whole country
MY-0
—
MY-1
Western Peninsular
EP, E,
WGM
S4
—
EP
E
MK –
former
Yugoslav
Republic of
Macedo
nia (4)
MX –
Mexico
MK-0 (4)
Whole country
MX-0
Whole country
S4
EP
SPF
EP
P2
17.5.2013
SPF
NA –
Namibia
NC – New
Caledonia
NA-0
NC-0
Whole country
Whole country
BPR
I
DOR
II
HER
III
RAT,
EP, E
VII
S4
EP
SPF
NZ – New
Zealand
NZ-0
Whole country
BPP, BPR,
DOC,
DOR,
HEP, HER,
SRP, SRA
WGM
EP, E,
POU,
RAT
S0,
ST0
VIII
S4
EN
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1
PM – Saint
Pierre and
Miquelon
RS –
Serbia (5)
Official Journal of the European Union
2
3
4
PM-0
Whole territory
SPF
RS-0 (5)
Whole country
EP
RU – Russia
RU-0
Whole country
SG –
Singapore
SG-0
Whole country
5
6
L 273/9
6A
6B
7
EP, E,
POU
8
9
S4
EP
SPF, EP
WGM
TH –
Thailand
TH-0
Whole country
VIII
1.7.2012
POU,
RAT
1.7.2012
E
1.7.2012
S4
SPF
TN –
Tunisia
BPP, BPR,
DOR,
HER
TN-0
S0,
ST0
Whole country
WGM
VIII
EP, E,
POU,
RAT
TR –
Turkey
UA –
Ukraine
S4
SPF
TR-0
UA-0
Whole country
Whole country
EP, E
S4
E, EP,
POU,
RAT,
WGM
S4
SPF
US –
United
States
US-0
Whole country
BPP, BPR,
DOC,
DOR,
HEP, HER,
SRP, SRA
WGM
EP, E,
POU,
RAT
N
A
S3,
ST1
VIII
N
S4
EN
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Official Journal of the European Union
2
UY –
Uruguay
3
4
5
6
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6A
6B
7
8
9
SPF
UY-0
Whole country
EP, E,
RAT
S4
SPF
EP, E
ZA – South
Africa
ZW –
Zimbabwe
ZA-0
ZW-0
Whole country
Whole country
S4
BPR
I
DOR
II
HER
III
RAT
VII
RAT
VII
P2
9.4.2011
A
P2,H
9.4.2011
EP, E
S4
(1) Commodities, including those transported on the high seas, produced before this date may be imported into the Union during a
period of 90 days from this date.
(2) Only commodities produced after this date may be imported into the Union.
3
( ) In accordance with the agreement between the European Union and the Swiss Confederation on trade in agricultural products
(OJ L 114, 30.4.2002, p. 132).
(4) The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for
this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United
Nations.
(5) Not including Kosovo, as defined by United Nations Security Council Resolution 1244 of 10 June 1999.
(6) Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the
Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.’
(2) Part 2 is amended as follows:
(a) the section on ‘Specific conditions’ is amended as follows:
(i) specific condition ‘H’ is replaced by the following:
‘ ‘H’: Guarantees have been provided that meat of farmed ratites for human consumption (RAT) is obtained
from ratites coming from a registered closed ratite holding approved by the third country’s competent
authority. In the case of a HPAI outbreak on the third country’s territory, imports of such meat may still
continue to be authorised, provided that it is obtained from ratites coming from a registered closed ratite
holding free of LPAI and HPAI; and where within a radius of 100 km around that holding, including,
where applicable, the territory of a neighbouring country, there has been no outbreak of LPAI or HPAI
for at least the last 24 months and where there has been no epidemiological link to a ratite or poultry
holding where LPAI or HPAI has been present within at least the last 24 months.’
(ii) specific condition ‘L’ is deleted.
(b) The model veterinary certificates BPP, BPR, DOC, DOR, HEP and HER are replaced by the following:
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‘Model veterinary certificate for breeding or productive poultry other than ratites (BPP)
L 273/11
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Official Journal of the European Union
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Official Journal of the European Union
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L 273/14
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/15
L 273/16
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
Model veterinary certificate for breeding or productive ratites (BPR)
L 273/17
L 273/18
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/19
L 273/20
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/21
L 273/22
EN
Official Journal of the European Union
Model veterinary certificate for day-old chicks other than of ratites (DOC)
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EN
Official Journal of the European Union
L 273/23
L 273/24
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/25
L 273/26
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
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L 273/28
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
Model veterinary certificate for day-old chicks of ratites (DOR)
L 273/29
L 273/30
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Official Journal of the European Union
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EN
Official Journal of the European Union
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L 273/32
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/33
L 273/34
EN
Official Journal of the European Union
Model veterinary certificate for hatching eggs of poultry other than ratites (HEP)
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EN
Official Journal of the European Union
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L 273/36
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
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L 273/38
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/39
L 273/40
EN
Official Journal of the European Union
Model veterinary certificate for hatching eggs of ratites (HER)
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EN
Official Journal of the European Union
L 273/41
L 273/42
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/43
L 273/44
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Official Journal of the European Union
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Official Journal of the European Union
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(c) The model veterinary certificates SRP, SRA and POU are replaced by the following:
‘Model veterinary certificate for slaughter poultry and poultry for restocking game supplies other than ratites
(SRP)
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Official Journal of the European Union
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Official Journal of the European Union
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L 273/48
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/49
L 273/50
EN
Official Journal of the European Union
Model veterinary certificate for slaughter ratites (SRA)
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EN
Official Journal of the European Union
L 273/51
L 273/52
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/53
L 273/54
EN
Official Journal of the European Union
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EN
Official Journal of the European Union
Model veterinary certificate for meat of poultry (POU)
L 273/55
L 273/56
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Official Journal of the European Union
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EN
Official Journal of the European Union
L 273/57
L 273/58
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Official Journal of the European Union
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Official Journal of the European Union
(d) the model veterinary certificate RAT is replaced by the following:
‘Model veterinary certificate for meat of farmed ratites for human consumption (RAT)
L 273/59
L 273/60
EN
Official Journal of the European Union
13.9.2014
13.9.2014
EN
Official Journal of the European Union
L 273/61
L 273/62
EN
Official Journal of the European Union
13.9.2014
13.9.2014
EN
Official Journal of the European Union
L 273/63
L 273/64
EN
Official Journal of the European Union
(e) The model veterinary certificate E is replaced by the following:
‘Model veterinary certificate for eggs (E)
13.9.2014
13.9.2014
EN
Official Journal of the European Union
L 273/65
L 273/66
EN
Official Journal of the European Union
13.9.2014

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