Freedom from highly pathogenic avian influenza of the third country or territory of origin or zone thereof
Article 38
1. A third country or territory or zone thereof shall be considered as being free from highly pathogenic avian influenza when it has provided the following guarantees to the Commission: (a) a surveillance programme for highly pathogenic avian influenza, in accordance with Article 37(a) has been carried out during a period of at least 6 months preceding the date of certification of the consignment by the official veterinarian for dispatch to the Union; (b) no outbreak of highly pathogenic avian influenza has occurred in poultry in that third country or territory or zone thereof for a period of at least 12 months preceding the date of certification of the consignment by the official veterinarian for dispatch to the Union. 2. Following an outbreak of highly pathogenic avian influenza in a third country or territory or zone thereof previously considered as free of that disease, as referred to in paragraph 1, that third country or territory or zone thereof shall again be considered as free from highly pathogenic avian influenza, subject to compliance with the following conditions: (a) a stamping out policy has been implemented to control highly pathogenic avian influenza; (b) adequate cleaning and disinfection has been carried out on all previously infected establishments; (c) during a period of at least 3 months following the completion of the stamping out policy and cleaning and disinfection referred to in points (a) and (b), the competent authority of the third country or territory has carried out a surveillance programme, providing at least the confidence by a randomised representative sample of the populations at risk to demonstrate the absence of infection taking into account the specific epidemiological circumstances in relation to the occurred outbreak(s), with negative results.